REM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of the common impugned judgment, this judgment shall govern the disposal of both the appeals.

(2.) Appellants have filed these appeals against the judgment dated 6th July, 2001 passed by First Additional Sessions Judge, Burhanpur in Sessions Trial No. 19/2000, convicting and sentencing them as under:

(3.) In short, the prosecution case is that on 8.11.1999, at about 6 P.M. in village Chainpura, hearing some noise, when complainant Dev Singh came out of his house, he saw appellants armed with axe and sticks beating his father Ram Singh. Appellant Ter Singh was armed with axe and other three were armed with sticks. When he and other people of village rushed to save Ram Singh, appellants ran away. They found Ram Singh dead. Dev Singh went to police station Nepanagar and lodged first information report Ex. P/23 at 8.45 P.M.. A case under Sections 147, 148 and 302 of the Indian Penal Code was registered against appellants. Police, after recording merg intimation reached the spot. Investigating Officer B.R. Taretiya (PW9) conducted inquest and recorded memorandum Ex. P/28. He sent the dead body for postmortem examination to Govt. Hospital, Nepanagar. In the incident, Dhoom Singh (PW5) and Bhonga (PW8) were also injured, therefore, they were also sent for medical examination. After investigation and arrest of the appellants, charge sheet was filed in the Court of Magistrate. The case was thereafter committed for trial.