PRAKASH CHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal under Section 374(2) of the Cr.P.C. being aggrieved of judgment and conviction dated 30.11.1994 passed by the III Additional Sessions Judge Hoshangabad in S.T. No.186/1993, whereby the appellant Prakash Chand has been convicted for commission of offence punishable under Section 302 of IPC and sentenced to undergo R.I. for life and fine of Rs.5000/- and appellant Ram Charan has been convicted for commission of offence punishable under Section 302/34 of IPC and sentenced to undergo R.I for life and fine of Rs.5000/- with default stipulation.

(2.) The case of the prosecution in brief is that on 24.06.1992 at about 04:30 pm in the evening deceased Kishori Lal went to village Shahpur to meet Champal Keer for giving him the fields on lease for cultivation. He did not return home in the night. Next day in the morning the dead body of deceased was found on way to village Shahpur near the field of Mool Chand Keer. Shree Ram Patel of Shahpur came to village Dedhi and informed the complainant Sher Singh and his grand father Dhana Lal about the death of Kishori Lal. Sher Singh went to the scene of occurrence and saw the dead body and thereafter submitted a written report (Ex.P/3) of incident at Police Station Shivpur. Police registered the FIR (Ex.P/4) and initiated the inquest. The spot map and panchanama of the dead body was prepared. The deceased had received multiple injuries on his head and neck. The dead body was sent for postmortem. The red earth, plain earth a pair of sleepers and two axes were seized from the spot. During investigation it is revelaed that due to previous enmity the appellant Prakash Chandra, Ram Charan and Virendra had assaulted the deceased by giving multiple blows of axe on person of his body and committed his murder. Accused Virendra and Prakash had left their axes at the spot. Whereas an axe was recovered and seized at the instance of appellant Ram Charan. The statement of witnesses were recorded and after usual investigation the charge sheet has been submitted against appellants Prakash and Ram Charan before the Court. Other accused Virendra remained absconding.

(3.) The appellant has been charged for commission of offence punishable under Sections 302/34 of IPC. They abjured guilt and pleaded innocence. The prosecution has examined ten witnesses, whereas appellants have adduced three witnesses in their defence.