MANOHAR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 11.3.1998 passed by learned II Additional Sessions Judge, Sehore in Sessions Trial No.42/97 convicting the appellant under Section 302 IPC and sentencing them to suffer life imprisonment and fine of Rs.5000/-, in default, further R.I. of two years, this appeal has been filed under Section 374(2) Cr.P.C.

(2.) In brief the case of prosecution is that at 12.00 in the afternoon on 25.11.1996 Chandu alias Chandrashekhar was on the eastern side of the field, namely Shikarpur, his brother Babulal (in short the deceased ) was going from the western side of the mound (Merh) and was going to home. At that juncture, all the accused persons were ploughing the field. On seeing the deceased all the accused persons with common object to kill the deceased assembled. It is said that appellant Manohar dealt the blow of axe on the neck region of the deceased and appellant Dwarka caused injuries by sword. Acquitted co-accused Prem dealt Ballam blow and other accused persons caused injuries by Parena to the deceased as a result of which deceased fell down in the field. On seeing the incident Chandrashekhar screamed to rescue his brother but all the accused persons rushed towards him, as a result of which this witness ran away from the place of occurrence and narrated the incident to certain persons of the village.

(3.) The First Information Report Ex.P/18 was lodged by PW-6, Chandu @ Chandra Shekhar who is also an eye-witness. On lodging of the First Information Report the criminal law was set in motion. A case was registered against the accused persons. The investigating agency arrived at the spot; seized ordinary and blood stained earth; seized the dead body and sent it for postmortem; prepared the spot map; recorded the statement of the witnesses; arrested the accused persons and seized the axe from the possession of Manohar and sword from the possession of Dwarka and after completing the investigation submitted a charge sheet in the competent court which on its turn committed the case to the Court of Session and from where it was received by the trial court for its trial.