BANTU AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 05/05/2004 passed by the 5th Additional Sessions Judge, Bhind in S.T. No. 226/2002, whereby, each of the appellant has been convicted of offence under Sec. 307 r/w Sec. 34 of IPC and sentenced to suffer five years RI with fine of rupees five thousand each with default stipulation.

(2.) Facts of the case, in short are that one Rakesh Singh (PW -7) was admitted in District Hospital, Bhind for his treatment and his wife Biranshree (PW -2) had lodged Dehati Nalisi (FIR) at Police Station Dehat, Dist. Bhind that on the night of 24/06/2002 when she was sleeping along with her husband Rakesh Singh on the roof of the house at village Harchandpura, Dist. Bhind, at about 2 Am the appellants Bantu @ Virendra Singh & Hawaldar @ Matru crossed the roof and came on the roof of the complainant. Bantu @ Virendra Singh gave a blow of Dhariya (sickle) on the neck of the victim Rakesh Singh and thereafter Biranshree held the Bantu @ Virendra Singh and Hawaldar @ Matru assaulted the victim Rakesh Singh with Dhariya (sickle) causing several injuries to the victim Rakesh Singh. On her shouting, witness Dilip (PW -14), Abhilakh Singh (PW -8), etc. came on the spot and therefore, the appellants ran away. When Birenshree was going to the hospital along with her unconscious husband then one Gurudayal (PW -1) met in the way with information that the culprits have assaulted him also. However, he could not identify the culprits. After registration of Dehati Nalisi, a formal requisition for medico legal examination of the victim Rakesh Singh was issued. The victim Rakesh Singh was examined by Dr. U.P.S Kushwah (PW -6) who gave the report Ex. P -6. He found nine incised wounds to the victim at left forearm, head, left side of the head, back side of the head, left ear, left neck, left shoulder, right arm and right side of the back. On the injury of back air bubbles were oozing out. According to Dr. U.P.S Kushwah cumulative effect of the injuries was fatal in nature. The victim Rakesh Singh was admitted in the male surgical ward and his treatment was started. His dying declaration was also recorded by Dr. U.P.S Kushwah as Ex. D -3. Dr. U.P.S Kushwah also examined Gurudayal and gave his report Ex. P -7, where only two simple injuries were found to him on the head and left arm. After due investigation, charge sheet was filed before the Chief Judicial Magistrate, Bhind who committed the case to the Court of Sessions and ultimately it was transferred to the 5th Additional Sessions Judge, Bhind.

(3.) The appellants abjured their guilt. They took the plea that there were so many cases pending between the parties and to create pressure of compromise, a false case has been lodged against the appellants. In defence Ramdas Yadav (DW -1) & Ravindra Singh (DW -2) were examined to show that some unknown persons have caused such injuries to the victim Rakesh Singh.