MANGALSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have been convicted for the offences under Sections 302 read with Section 149, 325 read with Sections 149 and Section 148 of the Indian Penal Code. For the offence under Section 302 r/w Section 149, I.P.C. they all have been sentenced to life imprisonment and for other offences they have been sentenced to three years rigorous imprisonment by the judgement dated 29-12-1987 of the Court of Additional Sessions Judge, Shivpuri. The appellants have assailed their convictions in this appeal.

(2.) The prosecution case as per the version in the First Information Report, Ex. PW. 1, and the oral testimony of the witnesses, P.W. I to P.W. 4, it is as under :-

(3.) A letter was sent by the Investigating Officer to Dr. R. S. Dixit, P.W. 12, who had medically examined Pitaram to specifically state whether the injuries mentioned above found on the person of Pitaram could have been caused by a sharp edged weapon. By letter, Ex. P-31, the doctor informed that injuries Nos. 1, 2 and 3 found on the person of Pitaram would have been caused by Luhangi, or any hard and blunt object and not by any sharp edged weapon. The same was the report with regard to injuries caused to Smt. Sirkunwar and Bhagwansingh. It is not necessary to give full details of the injuries caused to other members of the complainant party and it is enough to state that as per Injury Report, Ex. P-26 about Smt. Sirkunwar, Ex. P-27 about Roshansingh, Ex. P-28 about Bhagwansingh and Ex. P-29, about Sohbatsingh they all received injuries which were lacerated, contusions and abrasions.