SHIV NATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal from the judgment and findings recorded by the learned Sessions Judge Sidhi in the Sessions Trial No. 65/88 whereby accused/appellants were convicted for offences under Sections 302/34 and 201/34. Indian Penal Code and sentenced to life imprisonment and one year R.I. respectively.

(2.) Deceased Manshah as well as both the accused persons namely Shivnath and Nanhu and the eyewitnesses of the incident resided in village Amlori. Jihiria on 21/5/1988 the date of incident. At about 8-9 in the evening of the saiddate in the presence of Kunti and Ramkhilavan wife and uncle of the deceased, the accused persons took the deceased along on a pretext to settle some accounts about Tendu Patta, although it is said that the deceased was not engaged in that business. On reaching the house of accused Shivnath, the deceased was thrashed with lathis, probably in revenge of some earlier incident of beatings of this accused. On hearing a hue and cry raised by hostile witness Suddhari (PW 2), wife of Shivnath (appellant No. 1), Hargendra Singh a neighbour reached the spot and intervened, when the deceased was under assaults while lying on a cot. Thereafter Hargendra Singh rushed to the house of the deceased and informed his wife Kunti, and other relatives namely Sita Ram, Ramkhilavan Amritlal and Tej Bali, that accused have thrashed Manshah to death and put his body on fire. Accordingly, they reached the spot of incident and found the dead body lying on a cot. However, they did not find anyone present on the spot. They kept a watch over the dead body for whole night and next day morning at Seven Oclock after covering a distance of about 18 Kms., they reached Police Station Baidhan, where complainant Sita Ram (PW 1) lodged a report against both the accused. The Investigating Officer reached the spot, prepared inquest, collected the plain and blood stained earths and effected seizure of the weapons of offence namely lathis at the instance of both the accused from forest. The Investigating Officer sent the articles to FSL Sagar and as per report of the Chemical Examination (P /15) all the four articles were found to be stained with blood. The lathi and gainda seized at the instance of accused Shivnath were found to be stained with human blood. After due investigation, a challan was laid and charges were drawn up, Both the accused denied the charges and pleaded false implications on account of enmity with Hargendra Singh. However, they did not produce any defence witness.

(3.) The learned trial Judge on a careful appreciation of the evidence on records, found the complicity of both the accused established and therefore, recorded the order of convictions and sentences.