TEJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT-ACCUSED Tejsingh has filed the Criminal Appeal No. 13 of 1997 and appellants-accused Bapu Singh and Arjun Singh have filed the Criminal Appeal No. 89 of 1997 against the judgment and order dated 5-12-1996 delivered in Sessions Trial No. 89/1995 by learned Additional Sessions Judge, Agar, District Shajapur, of their conviction and sentence under Section 302 of IPC for the imprisonment for life and fine of Rs. 500. 00, Rs. 500. 00 and under Section 201 of the IPC for the rigorous imprisonment of 2-2 years and fine of Rs. 500. 00 -Rs. 500. 00, and in default of payment of fine, further RI for 3-3 months on each count.

(2.) THE prosecution case is that on 7-2-1995 at about 1. 30 p. m. the information was received in the Police Station, Barod about the death of Shankarsingh and after recording the Merg, police went to the Village Kanakheda where from the Well the dead body of Shankarsingh was taken out. That the dead body was sent for the examination at Barod where Dr. C. M. Pathan (P. W. 10) conducted the autopsy on 7-2-1995 and found the incised wound on the parietal region and a bruise on the neck and opined that the death was caused due to asphyxia. Ex. P-13 is the post-mortem report. During the investigation, the statements of Ratanbai (P. W. 5) and Arjunsingh (P. W. 6), parents of the deceased, were recorded who have disclosed that the accused persons took the deceased for the party and on the next date when they asked the accused persons about whereabouts of Shankarsingh, they failed to provide any clue about him. After the usual investigation, the charge-sheet was filed against the accused persons under Sections 302 and 201 of the IPC.

(3.) THE accused have abjured the guilt and denied the statements of the prosecution witnesses and pleaded that they were innocent.