MUCHHU NAHARSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THESE appeals arise out of the judgment and order of conviction recorded on 25-3-1983 by the 3rd Addl. Judge to the Court of District and sessions Judge, Jhabua at Alirajpur, in Sessions Trial No. 259 of 1982, thereby convicting the appellants for an offence under section 302 read with section 34, Indian penal Code and sentencing each of them to undergo imprisonment for life.

(2.) BEFORE proceeding further it would be pertinent to note that one of the co-accused Gacchhu s/o Naharsingh, aged 13 years is being proceeded against before the juvenile Court, while the other co-accused Gulabsingh s/o Naharsingh is reported to be absconding.

(3.) THE prosecution case is that on 4-4-1982 the complainant Sardar and deceased Bherla were returning home after piercing the Tadi tree for extraction of tadi, the accused persons, who were armed with bow and arrows, met them near indersingh's Bada. The accused shot arrows hitting Bherla in his chest, which resulted in his death. Sardar also suffered injuries by stones and arrows. On 5-4-1982 at 6. 30 a. M. the first-information-report (Ex. P/1) was lodged by Sardar (PW. 1) at Police, station Nanpur. After investigation the accused persons were charge-sheeted before; the Judicial Magistrate, 1st Class, Alirajpur, who committed them to sessions and on trial they have been convicted and sentenced as stated above.