BAPUSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal by the accused-appellants against the judgment and order dated 27th March, 1991 passed by Additional Sessions Judge, Ujjain, in Sessions Trial No. 160/89 whereby the appellants were convicted for the offence punishable under Ss. 302/149 of the I.P.C. and sentenced to life imprisonment.

(2.) The facts of the case, in brief, are that 1 1/2 months before the date of incident i.e. 27-4-89 there was some quarrel between the appellants and the deceased Nagu Singh. On 27-4-80 at 8.00 a.m. in the morning the appellants who were armed with sword, Dhariya, Farsi and Lathis chased Nagusingh when he was passing the village through Padmakhedi while going to Ujjain. Nagusingh ran and entered the house of Udaysingh. The appellants also followed him and entered the house of Udaysingh and assaulted him. They severed his left hand from elbow. Udaysingh (P.W. 10), his mother Sitabai (P.W. 12) and brother Amar Singh were present in their house. Atmaram (P.W. 13) the son of Bhera Chowkidar (P.W. 5) came on the spot whom Udaysingh narrated the incident who immediately went to the house of Nagusingh and informed Umraosingh (P.W. 2) and Manoramabai (P.W. 4), the son and wife of the deceased and also to his father Bhera (P.W. 5) that Nagusingh had been assaulted by the appellants. Bhera immediately sent him to Police Station Ghatiya where his information was recorded in Roznamcha-Sana No. 573 by A.S.I. Om Prakash Mishra (P.W. 16). Shri Mishra immediately started for the place of occurrence. He met Udaysingh at village Nipaniya who was bringing Nagusingh to the Police Station Ghatiya. Shri Mishra recorded the report of Udaysingh as Dehati Nalishi, Ex. P-7 and sent Nagusingh to the District Hospital Ujjain for medical examination. Dr. Ghanshyam Dhawan (P.W. 3) examined Nagusingh and found nine incised wounds including amputation of left hand above elbow vide report Ex. P-2. On the same day Nagusingh died. Vikramlal Head Constable (P.W. 11), post-mortem examination of the deadbody was conducted by Dr. V. K. Garg (P.W. 1) who found the following injuries :1. Incised wound over scalp Rt. side temporal region 4" long stitched.2. Incised wound over scalp middle part frontal region 2" long stitched bone deep.

(3.) Incised wound over left shoulder 5" long bone deep.