SUGRAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 11.9.2000 passed by Second Additional Sessions Judge, Burhanpur, the then District Khandwa (M.P.) in Sessions Trial No. 92/99 convicting the appellants under Section 302/ 34 of IPC for committing murder of Jamsingh (since deceased) and sentencing them with life imprisonment and with fine of Rs. 20,000/-. Appellants have been further convicted under Section 427 of IPC for destroying hut of deceased and sentencing them with fine of Rs. 1,000/- Facts of the case, in short, are that on 27.2.99 at about 6:30 p.m. appellants reached to the house of the deceased and started destroying it. With a view to escape, deceased ran away from the house. Subaram, son of the deceased (PW-3) informed the incident to his neighbouring brother Kashiram (PW-1). Appellants chased and drove away the deceased towards the house of Premla (PW-4). Appellant No. 2 dealt a lathi blow to the deceased whereby deceased fell down on the ground. Appellant No. 1 aimed bow and arrow at the deceased and shot the arrow in his left eye and repeated another arrow on the chest of the deceased. PW-1 and PW-3 saw the incident from their houses and rushed to the spot. Similarly Kaba (PW-2) and his brother Premla (PW4) also witnessed the incident which occurred in front of their house and rushed to the spot. They found the deceased dead lying on the spot. Prior to the reaching of the witnesses on the spot, appellant, pulled the arrows out from the body of the deceased and fled away from the place.

(2.) Kashiram (PW-1) informed the incident to the police persons who were present in the village Bori itself being a market day. A Dehati Nalishi Ex. P-1 under Section 302/ 34 and 427 of IPC was registered against the appellants and their brother Mumariya who died pending this appeal. Police prepared (Ex. P-3) Naksha Panchnama of dead body of the deceased (Ex. P-3). At the instance of Kashiram (PW-1) Naksha Mauka (Ex. P-4) was prepared. Nuksani Panchnama (Ex. P-5) was also prepared by the police. FIR (Ex. P-8) was lodged by Kashiram (PW-1) at police station Nimbola. A case at police station Nimbola under Section 302/ 34 and 427 of IPC at Crime No. 40/99 was registered against the appellants.

(3.) Dead body of the deceased was sent to Nehru Hospital Burhanpur for postmortem. Dr. Pramod Kumar (PW-5) conducted postmortem of the deceased and found following injuries on person of the deceased