MANGUSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this appeal, the appellants assail their conviction under Section 302 of the Indian Penal Code read with Section 34 thereof and the sentence of imprisonment for life awarded thereunder.

(2.) THE incident dates back to 13-3-1994when deceased Dulesingh had visited Nagda. It is alleged that on 14-3-1994, at about 8. 30, Fatta Bagri of Village Khajuria informed Nagu (P. W, 4) that Dulesingh was lying on the side of the pond. Nagu, Dulesingh's son Kunwarji (P. W. 2) and Gopalji (P. W. 5), therefore, rushed to the place and finding that he was lying in a badly injured condition, he was given water. On regaining consciousness, Dulesingh informed them that he was coming at about 8. 00 p. m. , the previous night alongwith accused Mangu, Jeevan, Bhagwan and Mohan to Nagda, but these people betrayed him and belaboured him with sticks and ran away. Mangu struck him with stick on his head. He kept lying there unconscious. He was taken to the Police Station in a bullock-cart. He had become unconscious on way. On reaching Police Station, Nagda, Nagu (P. W. 4) lodged report (Ex. P-6) in which he gave narration of the dying declaration made by Dulesingh. Requisition (Ex. P-7) was sent alongwith the injured and Dr. Jajoo (P. W. 1) examined Dulesingh at 10. 00 o'clock in the morning and found following injuries on his body:

(3.) DULESINGH succumbed to his injuries on the same day. Requisition (Ex. P-2) was sent by the police for his post-mortem of which post-mortem report (Ex. P-3) was given by Dr. Jajoo (P. W. 1 ). According to the report, there was a fracture in the frontal bone, also fracture of radius and ulna and metacarpals were also found fractured. According to the opinion of the Doctor, the death of Dulesingh occurred on account of haemorrhagic shock secondary to head injury and the death was homicidal.