SHAMBHUSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed under Section 374, Cr. PC against the judgment dated 31-8-1998 of conviction under Section 302 read with Section 149, IPC and sentence of life imprisonment and fine of Rs. 5,000/- and in default of payment of fine further six months SI passed by IInd Additional Sessions Judge, Guna in s. T. No. 356/97.

(2.) PROSECUTION story in brief is that on 6-7-1998, deceased Samandar singh along with his younger brother Raghu and Gangaprasad was going to his village Bade Gaon from Guna. A day before he had brought his wife Smt. Rupkamal to Guna for treatment. He left his wife at her brother's house. In the way when he reached near his Badi at Village Fattukhedi, Shambh usingh and his sons Bhanwar Singh, Manoj Singh, Chhota Bana and his nephew Mahendra singh, those who were hidden behind the bushes came out and started beating samandar Singh. Shambhusingh caught hold Samandar Singh from behind and mahendra assaulted by Farsa, Manoj Singh by ballam and Chhotta Bana by lathi and on account of the aforesaid beating he sustained various injuries. He fell down on the spot. Thereafter Gangaprasad and younger brother of the deceased went to Bade Gaon and informed the family members of Samandar singh and thereafter the family members of Samandarsingh namely prahladsingh, Bhanwar Singh, Phool Singh etc. came on the spot and lifted him and took him to the police station. In the way Samandar Singh succumbed to injuries. Matter was reported at Police Station. Thereafter the matter was investigated and charge-sheet was filed. Co-accused Chota Bana was juvenile, therefore he was referred to Juvenile Court. During trial all the appellants abjured their guilt and during trial prosecution examined as many as 13 witnesses and one witness Kalyan (D. W. 1) was examined to prove the alibi of appellant mahendra.

(3.) TRIAL Court after considering the evidence on record acquitted the appellants from the charges under Section 148, IPC but found all the appellants guilty of commission of crime under Sections 302 and 149, IPC and sentenced as aforesaid, against which the appellant shave preferred this appeal.