(1.) This appeal under Sec. 374 of the Crimial P.C. is directed against the judgment dated 13.8.2004 passed by the 12th Additional Sessions Judge, Indore in Sessions Trial No.224/2003 convicting the appellants for offence under Sec. 302/34 of the Penal Code and awarding sentence of Life Imprisonment and fine of Rs. 3000.00 each and default imprisonment of six months.
(2.) The appellants have been charged for causing murder of Ghanshyam.
(3.) As per the prosecution case, on 12.6.2003 at 10.30 A.M., PW-6 Mukesh S/o Badrilal had gone to Jalla Colony to call his uncle Ghanshyam and there he had seen that appellant No.1 Prabhulal and appellant No.2 Ganesh were having sword and they were fighting with Ghanshyam. Appellant Ganesh said that Ghanshyam had beaten him earlier, for which the Court case was going on therefore, he would finish Ghanshyam. Thereafter appellant Ganesh caused injury on the palm of right hand of Ghanshyam. Prabhulal caused injury with sword on the chest of Ghanshyam, then Prabhulal gave 3-4 blows of sword on the neck of Ghanshyam, as a result of which the neck was cut and head of Ghanshyam started hanging. Ghanshyam fell down and died on the spot. The incident was witnessed by PW-4 Sikandar, PW-2 Ramprasad and PW-9 Billu and other persons on the spot. The report of the incident was made by PW-6 Mukesh S/o Badrilal at 10.50 A.M. in police station Khajrana which was half kilometer away from the spot of incident, soon after the incident, on the basis of which offence was registered against the appellants and investigation had started. Merg No.23/03 was separately registered. Spot inspection was done and spot map was prepared and by issuing Safina Form in the presence of the witnesses, Panchnama of the dead body was prepared and blood stained soil was seized and the dead body of Ghanshyam was sent for postmortem to M.Y. Hospital, Indore. The postmortem was done by PW-12 Dr. Ravindra Choudhary and the postmortem report Ex.P/18-A was prepared. The appellants were arrested on the date of the incident itself and from the appellants blood stained clothes were seized. The blood found on the hand of appellant Prabhulal was taken separately in a cotton piece and seized. On the basis of the memorandum of the appellants, two blood stained swords were seized and after the postmortem the blood stained clothes of deceased Ghanshyam were seized and the seized items were sent to the FSL, Rau, Indore. After completing the investigation, Challan was filed.