NARAYAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by judgment and order dated 19.07.2004 passed in Sessions Trial No.191/2002 by IVth ASJ, Ratlam, whereby learned trial Court held the appellants guilty for the offence under sections 148, 302 read with section 149, 325 read with section 149 IPC and sentenced them for life imprisonment with fine of Rs.500/-, 2 years RI with fine of Rs.500/- and 5 years RI with fine of Rs.500 respectively, in default of payment of fine further to undergo RI for 2 months for each default of Rs.500/-, the appellants have preferred the present appeal.

(2.) Background facts sans unnecessary details are that on 7.8.2002 at about 9 in the morning complainant Sardar Singh was sitting alongwith Datar Singh and Bane Singh alongside the road near his house and was smoking. At that time the appellants along with coaccused Shankar Singh and Bharat Singh reached there with sticks in their hands and started shouting at the complainant that as to why he had lodged report against them for setting the haystack on fire. They started beating Sardar Singh by sticks (lathi) with intent to kill him. On his screams, his son Funda Singh rushed to save him but the appellants and co-accused persons started beating him also. He sustained injuries on his head and started bleeding. Both Sardar Singh and his son Funda Singh were taken to the hospital. On medical examination; fresh injuries were found on them. Sardar Singh lodged report on the same day at 10:15 A.M. The Police registered crime No.151/2002 under section 294, 323, 506, 341, 147, 307/149 IPC. Funda Singh expired during the treatment. The Police added section 302 IPC. The Police investigated the case, prepared Panchnama lash, spot map, seized plain and blood stained soil from the spot, sent dead body for postmortem and received postmortem report, recorded statements of the witnesses under section 161 Cr.P.C, arrested the culprits, recovered sticks from possession of Balu, Shravan and Bharat Singh, sent all the articles for forensic examination and filed charge-sheet after completing investigation.

(3.) During trial accused Bharat Singh expired on 29.5.2003, therefore, proceedings were dropped against him and accused Shankar Singh is still absconding; therefore, trial Court has passed the judgment only against the present appellants.