NATHU SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellants under Section 374(2) of the Cr.P.C. being aggrieved by conviction and sentence recorded by the learned Additional Sessions Judge, Panna vide order dated 27.1.1997 passed in S.T. No. 81/94 whereby appellant No. 3 Murat Singh has been convicted under Section 304-II of the IPC and sentenced to R.I. for 7 years and appellant Nos. 1 and 2 have been convicted under Sections 304-II/34, 323 of the IPC and sentenced to R.I. for 7 years and R.I. for 6 months.

(2.) THE facts, in short, giving rise to this appeal are that on 6.8.1994 at about 12:30 AM in the night, when Bakhat Singh (PW-6) was returning back from the house of Baredi, he was assaulted by appellants Natthu and Chandan Singh by stick. On hearing hue and cry of Bakhat Singh, his father Lalji came on the spot then co-accused Buddh Singh(since acquitted) and appellant Chandan Singh caught hold him and appellant Murat Singh assaulted him by a Stone. Complainant Premlal and other witnesses also reached there and then complainant Premlal (PW-5) lodged report (Ex.P-21) at P.S. Kotwali, District Panna. After registration of crime, injured were sent to the Hospital, they were treated by Dr. D.K.Jain (PW-2). He prepared MLC report (Ex.P-14, P-15) of Bakhat Singh and Lalji. Lalji was sent for X-Ray examination and admitted in the Hospital. During treatment, he succumbed to the injuries. His dead body was sent for post mortem examination. Dr. Vijay Kumar Diwan (PW-9) conducted autopsy of the dead body of Lalji and prepared Post Mortem report (Ex.P-19). Appellants were arrested. Spot map was prepared. Blood stained earth and blood stained stone have been seized and sent to FSL, Sagar. (Ex.C-1) is FSL report of Asst. Chemical Examiner, FSL, Sagar.

(3.) THE appellants abjured the guilt and pleaded false implication. They have examined Paul Pasana (DW-1) in their defence.