KESHAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Keshar Singh alias Keshila alias keshu being dissatisfied dated 23.06.96 rendered by the Additional Sessions Judge. Rajgarh (Bieora) in Sessions Trail No. 134/94, thereby convicting the appellant for the offence punishable under Section 302 and 323 (on two counts) of the Indian Penal Code and sentencing him to suffer imprisonment for life with fine of Rs. 5,000/- in default of payment of fine to suffer addl. R.I. for six months and six months respectively; All the substantive sentences were directed to run concurrently. However, the accused Ramnath Singh and Sohan Singh have been acquitted of the offences with which they were charged filed this application.

(2.) Brief facts of the case of the prosecution as unfolded before the trial Court were that on 11. 07.94 at about 5.00 PM. in the jungle of village Shakhanpur deceased Jagnnath Ujjan aliasT Arjunlal (PW-1) and Kanwarlal (PW -3) had gone for grazing their buffaloes. When they were grazing the buffaloes appellant/accused Keshar singh came over there and warned them not to graze their cattle there. Deceased Jagannath and A 1 junalal said that it was a Government land. Appellant insisted them to take their cattle to village She khanpur to which the deceased refused. Thereupon appellant Kesharsingh began to assault Jagannath by lathi and taking Jagannath and his buffaloes to the village and took them upto his house. On the way also the appellant inflicted lathiblows on Jagannath and Kanwarlal. At about 6.00 PM Arjunlal escaped himself from the clutches of the appellant and went away and disclosed the incident to Ramcharan (PW-2) son of the deceased. Injured was also brought there on a cot who was murmuring that Kesharsingh had assaulted him. After a short while. Jagannath breathed his last. PW-l Arjun lal alias Ujjan reported the matter at Police Chowki Lahan was on which crime under Section 302 and 323 was Registered. The First Information Report is Ex. P/10. The dead body was sent to the hospital for postmortem examination postmortem Report is Ex. P/i 0. After usual investigation, the accused persons were charge-sheeted. The appellant/accused abjured his guilt and after trial, the Court finding him guilty convicted and sentenced as indicated above.

(3.) We have heard Shri A. Siddiqui, learned counsel for the appellant and Shri G. Desal learned Dy. Advocate General appearing for the State and perused the entire record carefully.