RAMESHWAR PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) is appeal by the appellants is against their conviction and sentence under section 302 read with section: 14 of the Indian Penal Code for an incident which occurred on 18.7.1980 at 8.30 P,M. at the Air Strip, Satna, wherein it is alleged that the appellants intentionally caused the death of Mohan Singh who was working as a Choukidar at the said Air-strip, by inflicting injuries on his person. The report of the incident was lodged by the injured Mohan Singh himself at the Police Station, Kolgawan, situated at a distance of three furlongs within 45 minutes of the incident vide Ex. P. 10, in which the appellants have been named to be his assailants. The injured Mohan Singh was sent for medical examination and Dr. G. C. Chaturvadi (P.W. 3), who examined him M about 10 P.M. the same night, found him conscious. The injuries noted by him in Ex. P. 5 on the person of Mohan Singh were as follows:

(2.) Mohan Singh, however succumbed to his injuries in the early hours of 19.7.1980. The postmortem was performed by Dr. S. C. Khare (P.W. 4) vide Ex. P-3. According to the opinion of Dr. S. C. Khare (P. W. 4), the cause of death of Mohan Singh was shock due to excessive bleeding and multiple injuries received by the deceased Mohansingh. It is further seen from his testimony that no individual injury sustained by the deceased Mohansingh was sufficient to cause death in the ordinary course of nature and no definite opinion was given by him as regards the cumulative effect of these injuries.

(3.) The prosecution, in support of it's case has tendered evidence with respect to motive showing previous enmity between the appellants and the deceased Mohansingh. Ex. p. 7 and Ex. p. 8 are the copies of the Sanha reports made by the deceased Mohansingh against the appellants. The prosecution has also relied on the testimony of the eye-witness Shambhudayal Singh (P. W. 15), a ten year son of the deceased Mohansingh, who has been named in the first information report Ex. P. 10 and on the testimony of Puniyabai (PW. 17), who is the widow of the deceased Mohansingh and was informed of the incident by Shambhudayal Singh (P.W. 15). Reliance has been placed by the prosecution on the first information report Ex. P. 10 as a dying declaration. Further reliance has been placed on the information given by the deceased Mohansingh to Ramgopal (P. W. 9), Ugrasen Singh (P.W. 10) and Jainarayan Singh (P.W. 12) before taking the injured Mohansingh to the Police Station for lodging of the first information report.