AMAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS filed this appeal against the judgment and findings dated 31-3-1997 passed by learned Additional Sessions Judge, Garoth District mandsaur in Sessions Trial No. 32/1992, whereby convicting the appellants for offences punishable under Sections 302/149, 147, 323/149, sentencing them each to undergo imprisonment for life and fine of Rs. 500/- in default to suffer additional RI for one year RI for three months and RI for three months, respectively.

(2.) THE prosecution case in nutshell as unfolded before the Trial Court is that on 12-12-1991 in the night at about 10. 00 to 10. 30 PM Laxmansingh, Kalu banjara and Devisingh were sitting in front of Hanumanji temple. Pratapsingh, father of Laxmansingh was sitting on the platform in front of the house. At that juncture, all the appellants reached near Pratapsingh. They abused him. Thereafter, appellant Amarsingh assaulted Pratapsingh by lathi. To rescue pratapsingh, Fatehsingh and Laxmansingh reached over there, but they too were assaulted by the appellants. Laxmansingh ran way from the scene of incident and directly reached to Police Station Bhanpura. Laxmansingh lodged report Exhibit-P-4 which was reduced by the police into writing in daily diary. Karansingh was found unconscious on the place of incident. All the injured persons were brought to Bhanpura Police Station from where they were sent to Hospital. Because of serious condition of Karansingh, due to injuries, he was taken to the District Hospital Mandsaur. Where in the Hospital on 14-12-1991 in the evening at 07. 35 PM he died. Intimation to this effect was sent by Doctor on duty to Police Station Mandsaur, where merg was registered and dead body was sent for postmortem examination. Postmortem was performed by dr. Parikh (PW-14 ). Postmortem report is Exhibit P-24. Witnesses PW-1, laxmansingh, PW-10, Pratapsingh, PW-5, Fatehsingh and PW-6, Gopalsingh were also sent for medical examination. They all were examined by PW-3 Dr. Narendra Kumar Goyal. Their MLC reports are Exhibits P-6, P-7, P-8 and P-9, respectively. At the initial stage, deceased Karansingh was also medically examined by PW-3 Dr. Goyal. MLC report is Exhibit-P-5. On the basis of rojnamcha Report Exhibit-P-4 and after receiving information from Hospital, the police has registered FIR Exhibit- P-22 on 13-12-1991. After due investigation, charge sheet was filed against the appellants for the offences punishable under Sections 147,302/149 and 323/149 of the IPC.

(3.) APPELLANTS have refuted the charges. Their defence is that they have not assaulted deceased Karansingh and injured witnesses Fatehsingh, laxmansingh, Pratapsingh and Gopalsingh. According to them, complainant party was the aggressor and complainant party received injuries at the hands of the members of their own party. They have further contended that there was no motive and they have been falsely implicated on account of land and money disputes. Appellants have also submitted that they sustained injuries on their persons and also lodged the report in the Police Station, but no action was taken on their reports. In the alternative, their defence is that, there was no unlawful assembly and incident occurred in a dark-night, therefore, it was not possible to assign specific individual role or the appellants and in tact there was a tree tight in which both the parties had received injuries. Appellants did not examined any witness in defence. They got proved the report lodged by Umedhsingh written in rojnamcha dated 15-12-1991 in the same police station and medical report of injured appellants vide Exhibits-D-2 to D-6. Amarsingh, Parvathsingh, kushalsingh, Premsingh and Umedsingh sustained injuries in the same incident. Learned Trial Court has examined the prosecution witnesses and after hearing both the parties convicted the appellants, as mentioned herein above.