BHURIA Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 19.12.2003, passed by First Additional Sessions Judge, Chhatarpur, in Sessions Trial No. 127/1992 convicting them under Sections 302/149 and 148 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs. 2000/- and rigorous imprisonment for three years with fine of Rs. 500/-, on each count respectively.

(2.) In short, the prosecution case is that on 23.4.1992 when complainant Sudhir Singh (PW-4) was getting some rehabilitation work done at Banshiya-Bhura Purwa passage by labourers, accused Mahendra reached there and asked labourers to discontinue work there by next day and to work at his godown. Sudhir remonstrated Mahendra Singh saying that he should not come to his site. After a hot altercation, Mahenera went towards village threatening Sudhir to stay there, saying that he would come back with Rajaram. In the evening, at about 4.30 pm, uncle of Sudhir viz. Chunni, while returning from village Chandla, met Sudhir and both of them started proceeding towards village on a bicycle. Chunni was driving the bicycle and Sudhir Singh was sitting on its carrier.

(3.) Investigating Officer Devesh Kumar Pathak (PW-13), after inquest, sent the body of Chunni for postmortem examination to PHC Chandla where Dr. M. K. Prajapathi (PW-9) conducted postmortem examination and found about 46 injuries on the body of deceased including gun shot and stab wounds vide his postmortem examination report Ex. P/7.