SATAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 20th November, 2003, passed by Sessions Judge, Sagar in Sessions Trial No.304/2002, convicting them under Section 302/34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.3000/-. In default of payment of fine, further rigorous imprisonment for a period of six months.

(2.) In short, the prosecution case is that in the night of 6.6.2002, at about 9.00 pm, appellants alongwith accused Thakur Singh (acquitted) chased Mardan Singh (deceased) armed with sword, Sang (a sharp pointed weapon) and sticks. When Mardan Singh reached in front of his house, Satal Singh and Vinod Singh dealt blows to him with sword, Sang and Thakur Singh assaulted him with stick. Mardan Singh fell down and died at the spot. Accused persons ran away. Incident was witnessed by Indal Singh (PW-1), Ram Singh (PW-2), Nandlal (PW-3), Tulsiram (PW-4), Pratap (PW-5), Gajrani, Dulaiya and Munna. In the morning of 7.6.2002, Indal Singh went to Police Station, Jaisingh Nagar and lodged report (Ex.P/1). Investigating officer H.B.L. Patel, after registering the case under Section 302/34 of the Indian Penal Code, went at the spot, prepared spot map, seized plain and blood stained earth and conducted inquest proceedings. He recorded inquest memorandum (Ex.P/4) and sent the body of deceased for postmortem examination to District Hospital, Sagar. Dr. Rajendra Jain (PW-7) conducted postmortem examination and recorded postmortem report as Ex.P/9-A.

(3.) After arrest of accused persons and completion of the investigation charge sheet was filed and the case was committed for trial.