CHARNU Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction of appellants under Sections 302 and 302/34 IPC passed on 13-11-97 by First Additional session Judge, Gwalior in Sessions Trial No. 212/88 and sentenced to life imprisonment and fine of Rs. 500/- each and in default of payment of fine, four months further imprisonment.

(2.) SHORT facts giving rise to this appeal are that P. W. 3 Kushendra singh lodged FIR (Ex. P-4) on 8-5-88 at P. S. Janakganj, Gwalior at about 11. 30 pm that at about 10 AM when he was taking meals inside his house, he heard the cries of his brother Kailash from outside. Thereupon he with his brother narendra Singh (P. W. 5) ran towards the spot and saw co-accused Sunder with khaderua (Heavy wooden stick) running away and Ramobai, mother of Sunder standing there. On being asked Kailash told them that on exhortation of ramobai he was beaten by appellants Munna, Charnu and Sunder. Thereafter they brought injured Kailash in the house where his clothes were removed and injuries were inspected by them. Kailash told them about assailants. Thereafter kailash became unconscious. The injured was then taken to police station in a tonga and lodged the FIR (Ex. P-4 ). Report was written by Suresh Singh (P. W. 7), SHO. On the basis of the aforesaid report crime was registered initially under Section 307/34 IPC and injured Kailash was referred for medical examination to hospital where he was declared dead. Bharatlal (P. W. 8) who was sent with Kailash to the hospital returned back to the police station and informed the Head Constable Shafiulla Khan (P. W. 9) about the death of deceased kailash. Thereafter Marg (Ex. P-13) was recorded. SHO converted the offence to Under Section 302 IPC. P. W. 6 Dr. Sanjay Morya conducted autopsy and found four injuries on the body of deceased. Post mortem report is Ex. P-15 and appellants were arrested vide arrest memo (Ex. P-8 ). Knives were allegedly recovered from them and seized vide seizure memos Ex. P-ll and Ex. P-14 respectively. A Khaderua (heavy wooden stick) was also seized vide seizure memo Ex. P-13 at the instance and from the possession of co-accused Sunder singh. Statements of witnesses were recorded and after competing the investigation, charge-sheet was filed. In all four accused persons were charge-sheeted.

(3.) DURING trial all the accused persons abjured their guilt and pleaded their false implication. Before the Trial Court prosecution examined as many as nine witnesses and in defence appellants also examined D. W. 1 madan who has stated that some unknown persons were beating Kailash and when he reached on spot, assailants had run away and Kailash had died and thereafter he informed the brothers of deceased Kailash. Learned trial Court placing reliance on the evidence of P. W. 3 Kushendra Singh and P. W. 5 narendra Singh, those who are the brothers of the deceased and also on the medical evidence convicted the appellants and sentenced them as aforesaid against which they have filed this appeal.