VISHWANATHSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE above named twelve appellants stand convicted under Sections 148 and 302 read with Section 149 of the Indian Penal Code on two counts and each is sentenced to suffer rigorous imprisonment for three years under Section 148, Indian Penal Code and imprisonment for life with fine of Rs. 500/-, in default of payment of fine to suffer further additional R. I. for one month on each count under Section 302/149, Indian Penal Code. Being aggrieved by this judgment dated 27-10-1999 passed by learned Addl. Sessions Judge, Narsinghgarh in S. T. No. 184/1995, the appellants have come up in appeal before this Court.

(2.) LACONICALLY the prosecution story as put forth before the Trial Court in the charge-sheet filed by the police under Section 173 of the Code of Criminal Procedure, is that Hiralal Kalal was the resident of Village Barkheda Ghor and started living in Village Surajpol Narsinghgarh two years prior to the date of incident, Le. , 27-5-95. On 27-5-95, in the noon he had gone with Hiralal Lodhi resident of Village Barayatha and Sardarsingh Rajput of Village Surajpol, to Village Barayatha. They drank water at the house of Hiralal Lodhi. At that moment, they were informed by Sonibai (P. W. 9), mother of Hiralal Lodhi that the appellants Durjansingh, Vishwanathsingh, Moolsingh and their sons had assembled and they were having old enmity on account of land dispute with them therefore, they should leave the village. Hiralal Kalal, Hiralal Lodhi and Sardarsingh proceeded towards river Parvati. At that juncture, the appellants armed with sword, Farsi and lathis rushed towards them to assault them. Hiralal Kalal, Hiralal Lodhi and Sardarsingh started running, but they were chased by the appellants and surrounded in between Parvati river and appellant Shivnathsingh dealt a sword blow on Hiralal Kalal causing injury on the left hand, appellant No. 2 Omprakash and No. 3 Natwarsingh used lathi and other appellants conjointly started beating by sword, Farsi and lathi. As a result of beating, Hiralal Lodhi and Sardarsingh fell down on the ground. P. W. 9, Sonibai and P. W. 10, Sardarbai mother and niece (sister's daughter) of deceased Hiralal Lodhi respectively also reached following the accused persons. Hiralal Kalal boarded a truck which was standing under a mango tree and reached Narsinghgarh. At his house, father-in-law of Hiralal Lodhi and grand-father were sitting to whom he disclosed about the incident. Thereafter they reached at Police Station, Narsinghgarh and lodged the report at 6. 35 PM. The First Information Report (Exh. P-3) was recorded by the Station House Officer, P. W. 22, Ajit Patil, Inspector of Police. He also reached at the place of incident. The Station House Officer sent both the dead bodies for post-mortem examination which was performed by P. W. 17, Dr. Sharifjama Siddiqui. Exh. P-34 is the postmortem examination report of deceased Hiralal Lodhi and Exh. P-35 is the postmortem report of deceased Sardarsingh. The eye-witness P. W. 12, Hiralal also sustained injuries caused by the appellants. He was examined by P. W. 17, Dr. Sharifjama Siddiqui. His MLC Report is Exh. P-33. After due investigation, the appellants were charge-sheeted for the offence mentioned herein above.

(3.) ON being charged, the appellants abjured their guilt. The defence of appellant No. 2 Omprakash and No. 7 Ramanathsingh was that they were not present on the place of incident and were at Narsinghgarh with their cattle. He examined D. W. 2, Harbhajansingh. The appellant No. 3, Natwarsingh also pleaded alibi and examined D. W. 3, G. S. Nomoda on the point that this accused was in Village Dhatrawada to attend a marriage ceremony. Appellant No. 12, Shivnathsingh also took the plea Of alibi and examined D. W. 1, D. W. 4 and D. W. 5. According to him, he was serving in MPSRTC as a Conductor and on the relevant time, he was in Hoshangabad. The learned Trial Court, on conclusion of trial and hearing both the parties, finding the appellants guilty of the offences charged, convicted and sentenced as referred to above.