DHANNU SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants were prosecuted in Sessions Trial No. 104 of 1987 before the Additional Sessions Judge, Narasinghpur, for committing murder of Motilal and for other minor offences and they have been convicted, under Section 302 read with Sections 149 and 147 of the Indian Penal Code and sentenced to imprisonment for life and R.I. for one year respectively. The appellant Nos. 1, 2, 3, 5 and 6 have been further convicted under Sections 148 and 323/149 of the Penal Code and sentenced to R.I. for one year, under each section. Appellant No. 4, Hori Singh has been convicted under Section 323 of the Penal Code for causing injury to Shyamlal (P.W. 11) and sentenced to undergo R.I. for one year.

(2.) Counsel for the appellants contended that appellant No. 5 Dev Singh has expired during the pendency of this appeal. The appeal, therefore, abates against appellant No. 5 Dev Singh.

(3.) The prosecution case, as set out in the FIR (Ex. P. 1), lodged by complainant Munnalal (P.W. 1), son of Motilal (since deceased) at Police Chouki Jhoteshwar, on 17-6-1987 at 18.20 hours, in presence of his brother Shyamlal (P.W. 11) and Dashrath (not examined), is that on that day in the afternoon at about 3.00 O'clock, while he was going in his field, along with his brother Shyamlal (P.W. 11) and Dashrath, he saw his father, Motilal, coming on the road from Nagawara on his bicycle, who had gone to Jhoteshwar, in the morning for some urgent work. When his father reached near Jhiriyawala Mango Tree, appellant Dhannu Singh armed with Farsi, appellant Amera Sigh armed with Tabbal, appellant Dev Singh armed with Sang, appellant Hori Singh armed with Parena and appellant Bhupat Singh armed with Kulhari suddenly emerged there by the side of the mango tree and they assaulted his father Motilal with their respective weapons. His father fell on the ground, after sustaining injuries and blood started oozing out from his injuries. He raised alarm which attracted the attention of Nanhelal and Nathuram who were working in their field and Ram Singh, who was guarding fruits of the mango tree and Jirelal (P.W. 2), who was coming behind them, saw the incident and came there. In the meanwhile, appellants took to their heels towards Nandwara. He rushed to his home on the bicycle of his father and brought a bullock-cart and while he was taking his father to Shrinagar Hospital, appellants intercepted his bullock cart at village Talwara, but he sped the bullock cart, in the meanwhile, appellant Hori Singh assaulted his brother Shyamlal (PW. 11), on his back by means of a Lathi. On reaching Shrinagar his father Motilal died. Then he went to Jhoteshwar Police Outpost and lodged the report. The motive for the incident was previous grudge and enmity.