TOFAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the judgment of conviction dated 21-7-93 under Section 302/34 of IPC in Sessions Trial No. 19/93, passed by Additional Sessions Judge Mungaoli, District Guna, the appellants have filed this appeal.

(2.) APPELLANTS were tried by Additional Sessions Judge, Mungaoli, District Guna in Sessions Trial No. 19/93 for a charge under Section 302/34 on an allegation that on 12-11-1992 at 6. 00 p. m. in furtherance of their common intention the appellants committed murder of deceased Ratna by causing injuries by lathi.

(3.) AS per prosecution story, Tulsiram (P. W. 1), elder brother of deceased Ratna, lodged a report at Police Station, Bahadurpur. In the FIR it is stated that he is residing at Village Jaroli. His brother deceased Ratna was working as a labourer in the field of Omprakash Lala. He is having Padat land in the village and both the appellants Santosh Yadav and Tofan Yadav used to graze the grass by their cattle in his field. On this there was a quarrel between them on the question of grazing of grass by their cattle in the field of Tulsiram (P. W. 1 ). Today, at about 8 o'clock in the night he was taking meals at his house, Village Chowkidar Kanchedi informed him that Santosh and Tofan both have beaten Ratna. The deadbody of Ratna is lying on the road and Mansingh and Phoolsingh both had seen the incident. Thereafter, P. W. 1 went on spot alongwith Kanchedi and he has seen the deadbody and thereafter went to lodge the report. The FIR was recorded by S. S. Parmar (P. W. 10), which is Ex. P-l. Thereafter criminal law sat into motion and the matter was investigated. Spot map (Ex. P-2) was prepared. Statements of the witnesses were recorded. Naksha Panchayatnama Lash (Ex. P-8) was also prepared. Deadbody of the deceased was referred for post-mortem. Accused persons were arrested. Memorandum under Section 27 of the Evidence Act was prepared and article lathis were seized and charge-sheet was filed. Appellants were put to trial.