MEHARBANSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Being dissatisfied with the judgment dated 24th December, 2002 rendered in Sessions Trial No. 152/1998 by the learned Additional Sessions Judge, Agar, District Shajapur, whereby convicted the appellants for the offence under section 302/34 and section 341 of the Indian Penal Code and sentenced each to suffer imprisonment for life with fine of Rs. 1,000/ -; in default of payment of fine to undergo ten months R.I. under section 302/34, Indian Penal Code and fine of Rs. 100/ - each; in default of payment of fine to undergo seven days S.I. under section 341, Indian Penal Code, the appellants have preferred this appeal.

(2.) The prosecution case in nut shell as unfolded before the trial Court was that on 28 -4 -1998, deceased Mangilal was returning back after attending some marriage function from village Badi Nevri to village Chotti Nevri in the evening at about 6.00 p.m. He was assaulted by the appellants having lathi and farsi in their possession. He was brought to the house and thereafter Ramchandra (PW.1), his son went to the Police Station and lodged the F.I.R. (Ex.P.1). The deceased died on the same day because of shock due to excessive bleeding. Deceased suffered as many as ten injuries but all were on his legs and hands. He suffered fracture of tibia bone, left femur bone and left ulna. The post -mortem was performed by Dr. Ghanshyam Sharma (PW.5) vide Ex.P.9. After due investigation, chargesheet was filed. During the course of trial, one accused Onkarsingh has died. The appellants have abjured their guilt. Therefore, the trial Court has framed the abovementioned charges and put them on trial. The learned trial Court, after recording the prosecution evidence and hearing both the parties, convicted the appellants as mentioned above. Hence this appeal.

(3.) We have heard Shri Jaisingh, learned Sr. Counsel instructed by Shri Vikas Yadav, for the appellants and Shri G. Desai, learned Dy. A.G. for respondent State and also perused the record.