LAXMAN S/O SIKANDER GUJAR Vs. STATE OF MADHYA PRADESH, THROUGH POLICE STATION-NARVAR, DISTRICT SHIVPURI

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 10.3.1999 passed by learned Sessions Judge, Shivpuri, in Sessions Trial No.191/94 convicting the appellants under Section 302/149 of IPC and thereby sentencing them to suffer life imprisonment and fine of Rs.2,000/- each, in default further R.I. of six months, this appeal has been filed by the appellants under Section 374 (2) of the Code of Criminal Procedure,1973.

(2.) In brief the case of prosecution is that on 28.4.1994 at 11 p.m. Sundar Singh (hereinafter referred to as 'the deceased') lodged a report in police Station Narwar that he is the resident of village Khyavada and was coming back to his village after inviting one Panna Dheemer. On the way nearby the Nala of the village, accused Laxman Gujar met him and he inquired whether the deceased has seen his cow, but when the deceased put his inability in that regard, said accused Laxman Gujar caught hold of the deceased and screamed and on hearing his shriek, rest other accused persons also arrived there. All the accused persons were hurling abuses of mother and sister to him and they also threw the deceased on the ground. Thereafter, accused persons Roop Singh, Vishal Singh and Madhosingh started causing injuries by Lathis to him. At that juncture, accused Hatesingh also arrived there having a gun in his hand. Accused persons Majbootsingh and Sirnam also arrived there armed with Lathis and all the seven accused persons started causing injuries to the deceased by Lathi. It is also said that accused Hatesingh caused injury by the butt of the gun on the face of the deceased, as a result of which, the deceased has sustained injury on his hands and legs.

(3.) On lodging of the first information report, a case was registered under Sections 341, 294, 323 and 506 later part 34 of IPC. The deceased was sent to Primary Health Center, Narwar, where he was treated and was also examined by Dr. S.K.Gupta. It is the further case of the prosecution that on 29.4.1994 in the morning the deceased was shifted from Primary Health Center, Narwar, to District Hospital, Shivpuri, where he was treated by the doctors and from where he was sent to JA Group of Hospitals at Gwalior on the same day on 29.4.1994. The deceased ultimately breathed his last on 4.5.1994 in JA Group of Hospitals at Gwalior. It is also the case of prosecution that while undergoing treatment at Narwar, the investigating agency recorded the dying declaration of the deceased which was recorded by the Executive Magistrate Prabhudayal Namdeo.