HOSHYAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Hoshiyar Singh who alongwith his younger brother Gyansing. was put on trial on the charge Vis in alternative 302/34 of the IPC. has alone convicted Vis 302 of IPC and sentenced to imprisonment for life by 6th AddI. Sessions Judge. Ujjain vide impugned judgment dated 30.3.95 in S.T. No. 29 1/92.

(2.) The entire case of the prosecution against the accused persons was based on circumstantial evidence and it was alleged that in the after-noon of 20th June. 1992. deceased Lalsingh had gone to the field of Chandersingh, the father; of the accused persons, where both the accused were also seen present near the deceased. By Dharmendra Singh (PW 2) eight years old son of the deceased. Later on Dharmendra Singh found his father lying dead in a pool of blood and both the accused persons were missing from the spot. Dharmmendra Singh later on informed his other family members about the incident and a report vide Ex. P/3 was lodged by Umraosingh (PW. 7), a cousin of the deceased the same evening at Police Station Bhat Pachlana. During investigation accused were arrested and a blood-stained Dhariya was recovered in the wake of disclosure made by the appellant to the police.

(3.) After other necessary investigations both the accused were charge-sheeted for trial which ended into conviction of appellant Hoshiyar Singh only thus, giving rise to this appeal.