KALYAN AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant Criminal Appeal is preferred to challenge the judgment dated 08.07.1999 passed in Sessions Trial No. 251 of 1997 by Additional Sessions Judge, Shivpuri, whereby the Trial Court convicted the appellants for commission of offence punishable under Section 302 read with Section 34 of IPC and sentenced to undergo Life Imprisonment and fine of Rs.5000/- each, with default stipulation.

(2.) The facts necessary to be stated for disposal of the instant appeal are that on 9.6.1997, in the morning, Somwati, wife of deceased Ratan Singh and sister-in-law of Shivcharan (PW-4) went to a tube-well to fetch water. Appellant No.1-Kalyan stopped her to fetch the water and threw the utensils. Somwati came to her house and narrated the incident, then Ratan Singh went to Kalyan Singh and told him to allow his family to take the water from the tube-well. On this, an altercation took place between Kalyan Singh and Ratan Singh. When Ratan Singh was returning to his house, the accused persons surrounded Ratan Singh. Accused Kalyan Singh (appellant No.1) gave lathi blow on the head of Ratan Singh. Accused Jandel Singh (appellant No.2) caused injury by Kharera on his head, due to which blood was oozing. Gajendra assaulted him with stone on his left buttock. Shivraj came for his rescue then Gajendra caused injury by stone on his back. Ratan Singh got unconscious and fell down. After that, Shivcharan took his brother Ratan Singh by a bullock-cart to Padora and from there he took him to Police Station Kolaras in a tractor. Thereafter, he lodged the FIR Ex.P/12 at Police Station Kolaras bearing Crime No.114/1997 for the offences punishable under Sections 147, 148, 149, 307 and 323 of IPC. Dr. P.D.Gupta (PW-1) medically examined Ratan Singh and Shivcharan on 9.6.1997. Ratan Singh succumbed to the injuries and died on the same day. The Post mortem of the dead body was conducted by Dr. P.D.Gupta (PW-1). According to the Post Mortem report (Ex P-1) the death of Ratan Singh was homicidal in nature and had occurred on account of fatal injuries inflicted on the head which caused fracture at the parietal area of the head.

(3.) Consequently the police proceeded to file the chargesheet under sections 147, 148, 149, 307, 323, 302 of IPC against the appellants and the learned Trial Court framed charges against the appellants accordingly.