BHEEKAM AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants/ accused have preferred this appeal under Section 374(2) of Cr.P.C. against the judgment dated 17/07/2007 passed by I Additional Sessions Judge, Mungawali District-Guna in S.T. No.111/2006 convicting the appellants under Section 302 of IPC and sentenced them to suffer Life Imprisonment.

(2.) Precisely stated facts of the prosecution case are that an FIR EX.P/1 was registered by the complainant Lalli Ram (PW-1) on 22/09/2016 at Police Station Chanderi vide Crime No.20/2006 against the accused persons pertaining to the fact that on that date, Dhewan Singh, Tulsi Ram, Jai Ram, Lakhan Singh alongwith Charli Raja were making fencing over their agricultural field and at that time, the accused persons came to the spot and started hurling abusive language to the deceased Charli Raja. When they confronted for not doing so, then the accused persons with the intention to kill Charli Raja given blows of axe over his head wherein he fell unconscious. Complainant-Lalli Ram (PW-1) informed the brother of Charli Raja, Krishn Pratap. They all took the Charli Raja to the hospital for treatment but while in transit, Charli Raja succumbed to injuries, therefore, a case was registered against the accused persons under Sections 302, 294/ 32 of IPC. The Station House Officer Vijay Kumar Dixit (PW-11) registered the marge intimation report on 22/01/2006 itself and after Panchnama of the dead body so prepared vide Ex.P/4, the memo requisitioning the witnesses to identify the dead body was issued. A spot map Ex.P/2 was also prepared. Dr. S.P. Siddarth (PW-8) before conducting postmortem of the deceased Charli Raja examined the body of the deceased medically and found five different injuries over his head. On postmortem, it was found that injuries were received which were caused by hard and sharp object which were fatal for the life. Injuries appeared to be caused 2 to 6 hours prior to death. The medical opinion entailed the death of Charli Raja due to shock and hemorrhage. Postmortem report is filed as Ex.P/6. After taking statements of the witnesses, accused persons were arrested and axe used in the offence was seized by seizure memo under Section 27 of the Evidence Act (Ex.P-10) from different accused persons thereafter, weapon was sent for forensic examination.

(3.) After completion of investigation, charge-sheet was filed before the Court of competent jurisdiction which remitted the case to the Court of Sessions Judge where charges for alleged offence were framed against the appellants/ accused, to which appellants/ accused abjured their guilt.