KARTAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the outcome of Criminal Appeal No. 615/1999 and Criminal Appeal No. 375/2000, which have been preferred against the judgment dated 30.10.1999 passed in Sessions Trial No. 105/1998 whereby the Trial Court has convicted the appellant of Criminal Appeal No. 615/1999 for commission of offence punishable under Section 325 of IPC and sentenced him to undergo seven years Rigorous Imprisonment and Rs. 1000/- fine with default stipulation of three months Simple Imprisonment whereas in Criminal Appeal No. 375/2000, the State has preferred an appeal to challenge the portion of judgment dated 30.10.1999 whereby the Trial Court has acquitted the accused persons of charge under Section 302 read with Section 149 as well as under Section 148 and Section 323 read with Section 149 of IPC.

(2.) The facts which emerge for adjudication are that on 23.07.1997, the respondent received an information about the incident that occurred on same day in evening, that the accused persons, namely, Kartar Singh, Makhan Singh and Amar Singh and three other persons, had constituted an unlawful assembly and were equipped with weapons such as Lohangi, Lathi, Farsa, Mouser and 12 Bore Rifle, in order to inflict fatal injury to Virendra Singh (deceased) on account of a dispute relating to theft of a Buffalo. According to the prosecution story, the appellant in Criminal Appeal No. 615/1999 was equipped with Mouser and Lohangi whereas Malkhan Singh was equipped with Farsa and Amar Singh was carrying a Rifle. As per the allegations, all the accused persons forcefully inflicted as many as 26 injuries on Virendra Singh which included an injury on the head of the deceased which was concluded to be fatal according to Post Mortem Report (Ex. P-14). It is categorically indicated in the P.M. Report that the injuries caused resulted in Cardio-Respiratory Failure which resulted in death of the deceased.

(3.) The respondent proceeded to record an FIR bearing Crime No. 138/1997 (Ex. P-10) and named all the accused persons, including unknown persons, for commission of offences punishable under Section 302, 307, 326, 148 read with Section 149 of IPC.