JAGGANATH SINGH Vs. STATE OF MP

JUDGEMENT

(1.) THE two appellants have filed this appeal against their conviction under section 302/34 of the IPC and sentence of imprisonment for life awarded to each of them vide judgment dated 5.7.2001 of the learned Sessions Judge, Rajgarh in Sessions Trial No. 137/2000.

(2.) ACCORDING to the prosecution, while Bhanwerlal s/o accused Jagannath was taking his Buffaloes on 1.7.2000 accompanied by his son (PW 9) Ram Kailash and he had reached the field known as Tukdiwale Khet, the two accused armed with Farsi (sharp weapon) and Lathi (stick) started assaulting him with the result he fell down on the ground. The accused caused him several injuries on his hands and legs. (PW 9) Ram Kailash rushed to the house and related the event to (PW 2) Nandubai and Dhapubai. (PW 2) Nandubai, (PW 8) Ramprasad, (PW 6) Amarsingh and (PW 7) Rodilal rushed to the spot where they met (PW 5) Laxminarayan. When Nandubai inquired from Bhanwerlal as to what had happened, he told her that accused Jagannath and Madanlal had caused injuries by assaulting him with Lathi and Farsi. He was taken to the village and then brought to PS Jeerapur. However, he succumbed to the injuries enroute and Nandubai then lodged the report Ex. P-7 at the Police Station which was recorded by R.D. Katiyar (PW 11) Assistant Sub-Inspector. The Merg was registered and inquest was held. Spot Map Ex. P-18 was prepared and samples of blood stained earth and control earth were obtained vide memo Ex. P-3. Dead body of Bhanwerlal was sent for post mortem under requisition Ex. P-8. Autopsy was performed by (PW 3) Dr. Y. Shrivastava who gave report Ex. P-8. The two accused were arrested and on the basis of the information given by Madan as recorded in Memo Ex. P-2, a blood stained Farsi was seized vide Ex. P-4 and similarly, on disclosure by Jagannath as recorded in Ex. P-5, a blood stained Lathi (stick) was seized vide Ex. P-6. The seized articles were forwarded to the Forensic Science Laboratory for examination from where report Ex. P-22 was received. After the completion of the investigation, the appellants were prosecuted and notwithstanding that they pleaded that they were innocent, they were convicted and sentenced as hereinabove stated.

(3.) TO appreciate the submissions made by the learned counsel it would be advantageous to first refer to the injuries recorded in the Autopsy Report Ex. P-8. The injuries recorded therein read as follows: