OM PRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 19-7-1994 passed by First Additional Sessions Judge, Bhopal in Session Trial No. 133/1985, convicting three accused persons, including appellants under Section 302, IPC for committing murder of Chain Singh (shall be referred as deceased No. 1) and his brother Hemraj (shall be referred as deceased No. 2) sentencing them to imprisonment for life. Initially, this appeal was preferred by three accused persons. During pendency of this appeal, accused Kailash brother of the appellants died and appeals against him stood abated.

(2.) Facts of the case, in short, are that there had been a dispute between father of the appellants viz., Kunwarji and one Gopal regarding Bhumiswami ownership of the agricultural land bearing Survey Nos. 385 and 386 ad-measuring about 9 hectares in Village Kodiya. During pendency of litigation Gopal sold disputed land to deceased No. 1-Chain Singh and some part of the land to Beni Madho Tiwari (P.W. 10). On 21-6-1985 at about 1 p.m., at the behest of Beni Madho (P.W. 10), on the basis of application moved by Gopal to the Revenue Authority for conducting demarcation proceedings (seemankan), Ramswaroop, Patwari (P.W. 2), Ramakant Shrivastava, Revenue Inspector (P.W. 3), Tulsiram Choukidar (P.W. 1), Beni Madho Tiwari (P.W. 10) and Chain Singh, son of Prem Chand (P.W. 12) along with deceased persons reached over there. Appellants from their hut situated in adjoining field, armed with axe and farsi rushed to the place of occurrence and started assaulting to deceased No. 1 (Chain Singh). Hemraj (deceased No. 2) came to rescue his brother. Appellants, then, assaulted deceased No. 2 also. After committing the incident, appellants fled away from the place of occurrence. P.W. 10 along with Chain Singh (P.W. 12) proceeded to the Police Station, Bairagarh, and lodged First Information Report (Exh. P-24) against three accused persons. A case at Crime No. 216/1985 under Section 302 of IPC was registered against them.

(3.) Deceased persons succumbed to their injuries while they were on the way to hospital. Police prepared Naksha Panchnama of dead body of deceased No. 1, Chain Singh (Exh. P-32) and dead body of deceased No. 2- Hemraj (Exh. P-33). On 22-6-1985, Dr. D.K. Satpathi (P.W. 7) conducted post-mortem of dead body of deceased No. 1. Vide Exh. P-15 (post-mortem report) found following injuries:-