NARENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals are being decided by this judgment because each of them arise from a common judgment dated 13.4.2005 passed by First Additional Sessions Judge, Balaghat in S.T.No.161/2004.

(2.) The appellants have preferred the present appeals being aggrieved with the aforesaid judgment, whereby each Criminal Appeal No.1004 of 2005 Criminal Appeal No.1005 of 2005 of them has been convicted of offence under Sections 302/34 and 201/34 of IPC and sentenced to life imprisonment with fine of Rs.500/- and 3 years rigorous imprisonment with fine of Rs.300/- respectively. In lieu of payment of fine amount, default sentence was also imposed.

(3.) The prosecution's case, in short, is that, on 8.6.2004, Yashwant S/o Kamal Singh (P.W.11) had informed SHO, Police Station Malajkhand, District Balaghat that his father Kamal Singh was found dead and his body was hanging from a tree. A merg intimation, Ex.P/17 was recorded and an enquiry was initiated. In enquiry, it was found that there was a dispute between Kamal Singh and his sons Victor and Narendra (the appellants) relating to partition of the land. On 7.6.2004, at about 9 p.m., the deceased Kamal Singh came to the village Bhelwatola alongwith his brothers Jaswant Singh (P.W.1) and Roman Singh (P.W.2) to take a bullock cart from his house to village Righuwatola, so that it could be used in preparation of marriage arrangements in the house of Jaswant Singh (P.W.1). When the deceased Kamal Singh was going with Jaswant Singh on that bullock cart, the appellants quarrelled with the deceased and pulled him out from the bullock cart and assaulted him with their fists. Jaswant Singh and Roman Singh went back to Righuwatola with that Criminal Appeal No.1004 of 2005 Criminal Appeal No.1005 of 2005 bullock cart. On the next day, the deceased Kamal Singh was found hanged from a tree by means of a lungi. On 11.6.2004, the police registered a criminal case. Dead body of the deceased was sent for post-mortem. Dr.Madan Meshram (P.W.7) had performed the post-mortem on the body of the deceased and gave his report, Ex.P/11. He found that the deceased had 3 to 4 injuries on his body. He had a contusion on his forehead, 2 lacerations were found on his left calf and left middle toe. Thyroid cartilage was found depressed. Black blood was deposited under the skin on the wound found on the forehead. Both the lungs were congested and Petechial hemorrhages were found on them. According to Dr. Madan Meshram, the deceased died due to asphyxia caused by throttling and hence, death of the deceased was homicidal.