HARISHANKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS Judgment shall also govern the disposal of Criminal Appeals No. 536/89; Nana @ Basantilal v. State of M.P. and Criminal Appeal No. 540/89; Nana @ Basantilal v. State of M.P.

(2.) THE aforesaid three appeals have been directed against the Judgment of conviction and order of sentence passed by the Additional Sessions Judge, Garoth, District Mandsaur on 20th Nov. 1989, in Sessions Trial No. 66/88, thereby convicting appellants Harishankar and Nana @ Basantilal for the offences punishable under sections 302, 307 of the LP.C. for having committed murder of Babu Khan S/o Manir Khan and attempting to commit murder of Ranglal (PW 7) in the intervening night of 16/17th August, 1987 in the reserved forest of Sangram Ghat, P.S. Bhanpura and sentencing each of the accused to undergo imprisonment of life and fine of Rs. 20,000/ - for offence u/s. 302 IPC and 10 years RI and fine of Rs. 1000/ - for the offence under Sec. 307 IPC, in default of fine, the appellants are further directed to suffer rigorous imprisonment for four years and one year consecutively.

(3.) DURING the course of investigation, Police Bhanpura inspected the spot and prepared the spot map. Dead body of the deceased was sent for post mortem examination. Dr. S.L. Verma (PW 4) conducted autopsy and gave his report Exh. P/8. Dr. P.K. Vyas (PW 3) examined injured Ranglal immediately after the incident and submitted Injury Report, Exh. P/4. Police also recorded the statements of the relevant witnesses. Both the appellants alongwith acquitted accused Mangilal were arrested and on completion of investigation, challan was filed in the Court of J.M.F.C. Bhanpura.