NARAYAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) IN Sessions Trial No. 59/86, out of four persons i.e. Devi Singh. Balwantsingh, Narayan Singh and Kamal Singh, who were tried for the offences under Sections 302/34, 307/34, 325/34 and 325/34 of the Indian Penal Code, Devi Singh and Balwant Singh were acquitted and rest of the two persons, vide judgment and order dated 21.1.88 having been found guilty with the aid of Section 34 IPC for the offence punishable u/s 302 IPC were sentenced to imprisonment for life, who feeling aggrieved therefrom. approached this Court by means of this appeal. which is being decided finally.

(2.) THE prosecution case in brief was that while Vikram Singh (PW 2) in the evening hours at about 4 p.m. was cutting Khakhra from his field in village Majodiya, P.S. Mandi Sehore, District Sehore, the accused Devi Singh came over there and abused him and asked him how he was cutting Khakhra, who told him as it was on the boundary of his field (Mend) whereat Devi Singh called the accused persons Kamal Singh, Narayan Singh and Balwant Singh who reached there equipped with Kalla (thick wooden rod) and lalhis. Accused Balwant Singh wasthaving Khalla whereas Kamal Singh and Narayan Singh were having Lathis. Devi Singh, after taking khalla from accused Balwant Singh, hit on the head of Vikram Singh and accused Kamal Singh hit him with lathi and Vikram Singh saved the attack with his axe in which process handle of axe was broken, accused Narayan Singh also hit him with lathi, which hit him on the left shoulder.

(3.) THE occurrence in question took place on 5.1.86 at about 4 p.m. in village Mahodiya P.S. Mandi Sehore, District Sehore, wherein Manohar Singh died. The FIR of the incident was lodged by PW 2 Vikram Singh at P.S. Mandi on 5.1.86 at 6.30 p.m. Post -mortem examination of the dead body was conducted by Dr. Ashok Sharma (PW 14) who found the following four ante -mortem injuries on the person of the deceased.