BALUSINGH NATHU SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment and order dated 11-8-1997 passed in S. T. No. 45/1997 by learned V ASJ, Ujjain whereby convicted the appellants under S. 302/34 of the I. P. C. and sentenced to undergo R. I. for life and fine of Rs. 2,000/- to each of the appellants and in default of payment of fine to undergo R. I. for two months.

(2.) The prosecution case multum in parvo as disclosed before the trial Court is that Shivlal (P.W. 8) was residing with his maternal uncle deceased Nathu and performing agricultural work. Originally he was resident of village Kakhdel, P. S. Badod, District Shajapur. On 19-10-1996 in the night at 8.30 p.m. when he reached with a loaded bullock cart at the house of his maternal uncle, his maternal aunt Sitabai (PW 2) told him that his uncle Nathu did not return from village Old Bahadurpura where he had gone to reap soyabeen crop oh daily wages as labour. On this information, Shivlal (PW 8) proceeded in search of his uncle Nathu and when going towards Old Bahadurpura on the road he saw that appellants and acquitted co-accused Shankarlal were assaulting his uncle Nathu at some distance of school. Shivlal raised cry that accused persons were assaulting his maternal uncle but nobody came over there and accused persons after assault went away. Nathu was lying on the ground having injuries on his head, right hand and other parts of the body. There was bleeding from head injury. Deceased was unconscious. This witness lifted deceased and put him on his shoulder, thereafter came to his house and from the house proceeded in bullock cart along with Durla (PW 3), Bherubalai and wife of deceased Sitabai (PW 2) for the purpose of treatment to Jharda. On the way, Nathu succumbed to the injuries. Witness Shivlal and his companions returned back with dead body in a bullock cart to their house and on the next day i.e. on 20th October, 1996 at 12.30 p.m. this witness lodged the FIR in police station, Jharda recorded by SHO S. S. Dabar (PW 7). In the report, the reason for delay has been mentioned at Column No. 8 that because of night hours and short of means he reached to the police station on foot. On the report, police registered the Crime No. 88/1996 (Ex. P. 13) under Ss. 302/147 and 148 of the I. P. C. In the FIR distance of police station is shown 14 km. from the place of incident i.e. village Naya Bahadurpura.

(3.) The police also recorded murg intimation report and prepared inquest report, thereafter sent the dead body for postmortem examination which was performed by Dr. H. S. Goyal (PW 1) on 21-10-1996 at 8.30 a.m. whereas dead body was received by the hospital on 20-10-1996 at 7.00 p.m. Postmortem report is Ex. P. 1. Accused persons were arrested on different dates and on their disclosure statements axe and lathis were seized. From the place of incident, blood stained earth and controlled earth were also seized. The seized articles were sent for examination to FSL. Its report is Ex. P. 26. After due investigation, five accused persons were charge sheeted.