TORAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This order shall govern the disposal of Criminal Appeals No. 16/95 and 98/95.

(2.) Being aggrieved the appellants have filed this appeal and have assailed the judgment of conviction dated 23.12.1994 under Sections 302/34 IPC and sentence of imprisonment for life passed by Second Additional Sessions Judge, Vidisha, in Sessions Trial No. 120/ 82.

(3.) Prosecution story in brief is as under:- that, on 4.7.82 complainant Kaluram, resident of village Shekhpur district Vidisha was at his home. Harnam came there crying that Toran Singh, Kok Singh, Malkhan Singh and Ummed Singh are beating Gaurishankar near Pilia Nala by farsas. Hearing this Kaluram, Sultan Singh, Mulayam, Prahlad Singh, Harnam, Munshilal, Parasram and Kamal Singh reached at the place of occurrence. Gaurishankar was lying in the Nala drenched with blood. Kaluram asked Gaurishankar, "what has happened". Gaurishankar in presence of all other persons stated that Kok Singh, Toran Singh, Malkhan and Ummed Singh have beaten him by farsa. Thereafter, all those persons brought injured Gaurishankar in the village. When he was being taken to Police Station, he succumbed to the injuries in the way. Gaurishankar and Toran Singh are real brothers and because of partition of the property relationship between Toran Singh and Gaurishankar was inimical. First Information Report was lodged by Kaluram at Police Station Tyonda. Post-mortem of the deadbody was performed. Accused persons were arrested and on the basis of their information three farsas were recovered and seized from Kok Singh, Toran Singh and Ummed Singh and one lathi was recovered and seized from Malkhan Singh and one Kulhadi was recovered and seized from Laxman Singh. After investigation chargesheet was filed. During trial, appellants abjured their guilt. Prosecution examined as many as 12 witnesses. Trial Court acquitted accused Laxman Singh on the ground that the prosecution has not proved the charges against him beyond reasonable doubt for his participation in the commission of crime. Trial Court also acquitted all the appellants from the charges under Sections 148 and 149 IPC, but found that Kok Singh, Toran Singh and Ummed Singh caused injuries by farsa and Malkhan Singh by lathi to deceased Gaurishankar, convicted and sentenced them as aforesaid; against which they have preferred this appeal.