GAJRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the criminal appeals arise from a common judgment dated 7.12.1996 passed by Ist Additional Sessions Judge, Sehore Camp Ashta, District Sehore in ST No.108/1996 and therefore, both the appeals are decided by the present common judgment.

(2.) The appellant Sardar Singh has been convicted of offence punishable under Section 302 of I.P.C whereas, appellants Dilip Singh and Gajraj Singh have been convicted of offence punishable under Section 302 read with Section 34 of I.P.C and all of them have been sentenced to life imprisonment vide the aforesaid judgment. Being aggrieved with the aforesaid judgment the appellants have preferred the present appeal.

(3.) The prosecution's case in short is that on 26.6.1996 the witnesses Chandar Singh (PW1), Devkaran (PW4), Manubai (PW5), Anita Bai and Geeta Bai along with the deceased Dhool Singh went to pick up stones from the field of Karan Singh situated at Village Mankund (Police Station Ashta, District Sehore). At about 2.00 p.m the deceased Dhool Singh went to a Bada to provide drinking water to his bullocks. After some time the witnesses heard the outcry of deceased Dhool Singh that he was being assaulted by the appellants Sardar Singh, Dilip Singh and Gajraj Singh. The witnesses Chandar Singh and Devkaran immediately rushed to the spot and Manubai, Anita Bai and Geeta Bai also followed them. On reaching the spot they saw the appellant Sardar Singh, sitting on the chest of the deceased Dhool Singh who, was lying on the ground and the appellants Dilip Singh and Gajraj Singh were throwing boulders on the deceased Dhool Singh. When the witnesses reached to the spot the appellants ran away from the spot. The witnesses found the deceased Dhool Singh to be dead. Manubai (PW5) wife of Karan Singh (PW3) and sister-in-law of Onkar Singh (PW6) went to Village Mankund to inform about the incident to Onkar Singh. Onkar Singh went to the spot and saw the body of the deceased Dhool Singh. Thereafter, he told the entire story to Chowkidar Gokul Prasad (PW2) and at about 5.00 p.m he left the spot for Police Station Ashta along with Gokul Prasad where Chowkidar Gokul Prasad lodged FIR Ex.P/4-A. The Police recovered the dead body of the deceased Dhool Singh from the spot and sent it for its post mortem. Dr. B.B. Arya (PW8) performed the post mortem on the body of the deceased Dhool Singh and gave his report Ex.P/9. He found multiple fractures on his head especially on parietal and frontal bones. There was a depressed fracture on nasal bone and some teeth had broken which were found inside his mouth. In opinion of Dr. Arya, death of the deceased was homicidal in nature caused due to injuries sustained by him. After due investigation the charge sheet was filed before the JMFC, Ashta who, committed the case to the Court of Sessions and ultimately it was transferred to Additional Sessions Judge, Sehore Camp Ashta, District Sehore.