ROOP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS Roop Singh and Summer Singh have been convicted under sections 326 and 326/34, IPC, respectively and each of the two has been sentenced to rigorous imprisonment for five years.

(2.) THE prosecution case is that on 12-11-1988 at about 12 noon deceased Mannulal was cleaning his clothes on a well in Village Par; accused roop Singh and Summer Singh who are brothers came there; Roop Singh dealt a knife blow on the shoulder of the deceased; Summer Singh Caught hold of the deceased and exhorted Roop Singh to inflict more knife blows on him; roop Singh pierced the knife in the abdomen of the deceased and his intestines protruded; he tried to escape but Roop Singh dealt the third knife blow on his back. The incident is said to have been witnessed by Chhottelal (P. W. 1), Thoban (P. W. 2) and Balram Patel (P. W. 3 ). The deceased is said to have narrated the incident to Hazari (P. W. 4 ). Deceased Mannulal was taken to bina Police Station. He was conscious and able to speak. He lodged the FIR ex. P-8 at Bina Police Station on the date of incident which was recorded by ramsevak Pyasi (P. W. 6), A. S. I. Mannulal was sent to the Government hospital. He was examined by Dr. N. K Rohit (P. W. 5) and he found three injuries on his body as per his report Ex. P-5. These injuries, according to the doctor, were caused by hard and sharp object. The intestines were protruding from the injury on the abdomen. Mannulal was then sent to Hamidia Hospital, bhopal. His statement under Section 161, Cr. PC was also recorded by the a. S. I. when he was at Bina. There was operation of the injury sustained by mannulal on his abdomen. His dying declaration was recorded by Sudhakar deshmukh (P. W. 8), Executive Magistrate, on 13-11-1988 and that is Ex. P-18. In all the three aforesaid statements Mannulal described the accused persons as assailants. He died on 23-11-1988 in Hamidia Hospital. The autopsy was conducted by Dr. C. S, Jain (P. W. 7) and the post-mortem report is Ex. P-17. The stitched wounds were found infected and it appears that the deceased had developed toxemia. During the course of investigation a knife was recovered from the possession of accused Roop Singh. The charge-sheet was submitted and the accused persons were tried for the offence under Section 302/34, IPC.

(3.) THE accused persons pleaded not guilty. Their defence is that they have been falsely implicated.