SHIVPRATAP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 29.9.1998 passed by learned First Additional Sessions Judge, Bhind in Sessions Trial No. 93/1997 convicting appellant for the offence punishable under section 302 of IPC and thereby sentencing him to suffer life imprisonment, this appeal has been preferred by the appellant under section 374(2) of the Code of Criminal Procedure, 1973. Indeed four persons including present appellant Shivpratap were tried before the learned trial Court. Except appellant Shivpratap, other acquitted accused persons namely Ran Singh, Sushila Bai and Seema alias Bitto were tried for offence punishable under sections 302 /34, 323/ 34 (two counts) of IPC while appellant Shivpratap was charged for offence punishable under sections 302, 323/ 34 and 325/ 34 of IPC. Learned trial-Court acquitted the accused persons Ran Singh, Sushila Bai and Seema from all the charges by the impugned judgment. No State appeal has been filed against judgment of their acquittal.

(2.) The facts necessary for the disposal of this appeal lie in a narrow compass. Suffice it to say that as per case of the prosecution on 25.8.1996 at 6:30 p.m. the author of FIR Ummed Singh was in his house, at that juncture, he heard some hue and cry, which was coming from his field behind his house, as a result of which he rushed towards the field and saw that appellant was carrying ballam while other accused persons were carrying lathi and farsa and were causing injuries to his brother Parwat Singh (deceased). On seeing the incident, author of FIR Ummed Singh, his father Harchand and uncle Jagram rushed to intervene but by that time appellant already inflicted ballam blow on abdominal region of deceased, as a result of which he fell down and thereafter all the accused persons dealt lathi blows upon him. It is said that acquitted accused Sushila dealt farsa blow to the deceased and when Ummed Singh and Jagram tried to intervene they also sustained injuries which were caused by accused persons. Ummed Singh sustained injury on his head, back and leg while Jagram received injuries on his legs. During the course of incident, mother of Ummed Singh namely Phool Kunwar, sister Guddi and younger brother Indrapal Singh also arrived at the spot. The accused persons after causing injuries to deceased and injured, fled from the place of occurrence. The matter was reported by Ummed Singh in the police station on the same day on 25.8.1996 at 11:15 p.m.

(3.) On lodging of the FIR, the criminal law was triggered and set in motion. The investigating agency prepared the spot map; recorded the statement of witnesses; sent the dead body of deceased for post-mortem and also sent injured persons for their treatment as well as for obtaining their MLC report.