LAWS(MPH)-2005-3-76

MUNNA Vs. STATE OF MADHYA PRADESH

Decided On March 16, 2005
MUNNA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 29-9-1999 of the learned Additional Sessions Judge, Lakhnadon passed in S. T. No. 6/99 by which the appellants have been convicted under Section 302 of the IPC and sentenced to imprisonment for life and fine of Rs. 5000/ -. In default of payment of fine, they have been directed to undergo further R. I. for one year.

(2.) THE appellants were prosecuted for committing murder of Veer Singh Lodhi on 4-11-98. The case of the prosecution was that on that date Veer Singh had taken his cattle to the field and while Godhan Singh (P. W. 1) was answering the call of nature, he heard the alarm raised by the deceased. He, therefore, rushed to the place of the incident and witnessed that two accused were assaulting him, each with lathi. By the time he reached the spot, Veer Singh had been done to death. Member and Hakku also reached the spot and seeing them approaching, the accused ran away. The report of the incident was lodged by Godhan Singh on that very day at 1:00 o'clock on the basis where of a 'marg' was registered vide Ex. P-2. The police proceeded to the place of the incident and prepared inquest report (Ex. P-10) and spot map (Ex. P-11 ). For post-mortem, the body was forwarded and report obtained. Statements of witnesses were recorded and charge-sheet was filed.

(3.) ON charge having been framed against the accused, they denied having committed any offence and pleaded that they were innocent. They examined Dhansingh (D. W. 1), Shyamwati Bai (D. W. 2) and Basanti Bai (D. W. 3) in their defence. On trial, however, the learned Judge found them guilty and convicted and sentenced them as stated hereinabove.