KANAK SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2)of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 08.04.1993 passed by the II Additional Sessions Judge, East Nimar, Khandwa in Sessions Trial No.51/92 whereby the appellants Guddu @ Satyanarayan and Prabhudayal were convicted under Section 325 IPC, appellants Kanak Singh and Vijay Singh were convicted under Section 325/34 IPC and sentenced to R.I. for3yearseachwithfineofRs.100/-in default R.I. for one month each. Further appellant Prabhudayal is convicted under Section 323 of IPC and Kanak Singh and Vijay Singh under Section 323/34 IPC and sentenced to R.I. for 6 months each. The sentences are directed to run concurrently.

(2.) The prosecution case is that the complainant Kedar Singh of Village Lodhasatri on 14.11.1991 at 1:00 p.m. had gone with his wife Kamla Bai and son Bhuru @ Vinod Kumar at his field to collect the stones. His servant Tulsiram Lavwanshi was also collecting the stones. His son Poonamchand was grazing the cattle nearby. His brother Sumer Singh was irrigating the field. The incident is of 3:00 p.m. of that day.

(3.) The appellant Kanak Singh and Guddu @ Satyanarayan were charged under Section 307/34 and 323/34. Vijay Singh under Section 307 and Section 323/34 and Prabhudayal under Section 323/34 and Section 323 of I.P.C. to the effect that on 14.11.1991 at 3:00 p.m. at village Lodhasatri Vijay Singh inflicted axe blow with such intention or knowledge and under such circumstances in furtherance of common intention of all that if by act he had caused the death of Kedar Singh he would have been guilty of murder and thereby committed the offence under Section 307/307/34 of IPC. They were further charged that on the same date, time and place Prabhudayal caused voluntarily hurt to Bhuru @ Vinod Kumar in furtherance of common intention of all, therefore, committed an offence under Section 323/323/34 of IPC.