CHANDARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this judgment, we are disposing of Criminal Appeal No. 244/84 as well as Criminal Appeal No. 243/84 because they arise out of the judgment rendered by the learned First Additional Sessions Judge, Ujjain in Sessions Trial No. 14/84 on 17-5-1984.

(2.) Dissatisfied by their conviction under Ss. 302/149 of the Indian Penal Code and sentence of imprisonment for life thereunder, the ten convicts (Chandarsingh, Nihalji, Anandilal, Manaklal, Kanhiram alias Kanhaiya, Bapusingh, Dulesingh, Laxman, Rameshwar and Jatalsingh) have preferred Appeal No. 244/84 and the remaining two convicts (Bheru and Prema) have filed Criminal Appeal No. 243/84, assailing the conviction and sentence awarded to them as aforesaid by the judgment noted above.

(3.) Briefly stated, the prosecution case was that on 18-12-1983 at 1.30 p.m. the deceased Umrasingh and one Ramesh (P.W. 6) were sleeping the KHALA (threshing-flour) belonging to the deceased. All the appellants armed with different weapons together came out from the house of the appellant Prema and mounted attack on Umraosingh. Ramesh tried to intervene, but he too was assaulted by some of the appellants. Kamlabai (P.W. 2) and Shyamubai (P.W. 3) were working in their fields. Kamlabai saw the appellants moving towards the KHALA of Umraosingh. On this, she rushed to inform Balaram (P.W. 1) the elder brother of her husband, in his KHALA. She returned along with Balaram when the appellants were seen coming back to the house of Prema. After sometime, Chowkidar Peera (P.W. 5) and members of the family of Umraosingh reached the spot. Peera and Balaram went to the Police Station for lodging the report where Balaram lodged the First Information Report (Ex. P/1). Umraosingh seems to have survived only for some time during which he is said to have disclosed the three names i.e. Kanhaiya Nihalji and Chandar. Thereafter, he became unconscious and eventually succumbed to the injuries. Dr. B. C. Sokhiya (P.W. 4) undertook to post-mortem examination and gave the post-mortem report (Ex. P/2). He found on the body of the deceased Umraosingh following antemortem injuries opining the cause of death being the shock due to haemorrhage: