RAGHOSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 9-2- 1996 of Addl. Sessions Judge, Agar district Shajapur passed in S.T. No. 246/94 where by accused-appellant has been convicted under Section 148, IPC for being armed with deadly weapon as a member of unlawful assembly; under Section 302/149, IPC on two counts for having committed murder of Gangaram S/o Raisingh and Umraosingh S/o Gangaram in pursuance of common object under Section 323, R/w 149, IPC for causing simple injuries to Karansingh in pursuance of common object on 17-10-1986 at 2.30 p.m. in village Amba and sentenced to imprisonment of two years, imprisonment for life on two counts and imprisonment for one year respectively.

(2.) The prosecution story in brief is that on the date of incident Gangaram his son Umraosingh were harvesting the crop of Tuwar pulse from their field situated by the side of village road leading to Bijaynagri. Accused-appellant along with Narainsingh, Bhagwansingh, Rugnath and Sajjansingh came on the spot. They all were armed with Farsi (sharp edged cutting weapon), lathis and gun. All of them assaulted Gangaram and Umraosingh. Ganga Ram died on the spot. Karansingh, brother of Umraosingh was also present on the spot. He was also assaulted. Thus, Umraosingh and Gangaram sustained injuries. They raised alarm. The persons of village assembled there. Assailants left the place. Umarosingh who had sustained injuries narrated the story to his sister Mankuwarbai. Thereafter, Umraosingh and Karansingh were taken to Police Station Barod in a bullock-cart.Umaraosingh lodged Report Ex. P/10 (P/14 in S.T. No. 80/87 and 115/91) as he sustained injuries, he was admitted in the hospital at Barod. He was given first aid and treated. Dr. G. S. Sharma (PW. 2) recorded dying declaration of Umraosingh who died during his stay in the hospital. Karansingh was also examined as to his injuries and treated.

(3.) Shri Rajkumar Sharma (PW 6) recorded FIR Ex. P/10 (Ex. P/14) and registered offence under Sections 302, 307, 147, 148, 149 of IPC vide Crime No. 123/86.Umraosingh died the same evening at about 8.30 p.m., as such information regarding his death was sent to Police Station on the same night. Shri Rajkumar Sharma (PW 6) thereafter, recorded Ex.P/11 vide Crime No. 124/86 and registered separate offence under Sections 147, 148, 149, 302, IPC for the death of Umraosingh.