KARAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have preferred this appeal against the impugned judgment dated 19. 8. 1999 passed in S. T. No. 128/96 by learned Additional Sessions judge, Aagar, district Shajapur (M. P.), whereby convicted the appellants as under :-

(2.) ACCORDING to the prosecution case, 4 to 5 days prior to the date of incident i. e. on 5. 5. 1996 complainant PW-2 Shiv Singh fixed fencing on the embankment of his field. On 5. 5. 1996 complainant Shiv Singh was taking his she-buffalo in the morning at 10:00 A. M. , at that time he saw that appellant no. 2 Dule Singh was removing the fencing. Shiv Singh reached near the embankment and objected removal of fencing by Dule Singh, on which Dule Singh told him that fencing was not fixed after taking their consent, therefore, he would not allow the same. Dule singh continued to remove fencing and on objection raised by complainant Shiv singh (PW-2); he hurled filthy abuses in the name of mother and sister and also threatened him to kill. At this juncture appellant Karan Singh having handle of axe, Kalu Singh with Farsi, deceased-appellant Chatar Singh having Lathi reached in the field of the complainant PW-2 Shiv Singh and surrounded Shiv Singh. Appellant Kalu Singh dealt a Farsi blow causing injury on right cheek of Shiv singh; the wound started bleeding. Shiv Singh fell on the ground, thereafter Dule singh caused him injury on his left hand and shoulder by Lathi. Deceased appellant chatar Singh also used Lathi for assaulting complainant. Shiv Singh raised cry, on which his uncle deceased Bhagwan Singh, PW-3 Ramlal and mother PW-5 Ganga bai reached on the spot to save him. PW-3 Ramlal caught hold of Kalu Singh but appellant Karan Singh successfully dealt a blow by handle of axe on the head of bhagwan Singh resulting into his fall in the field. After assault all the four, with their weapons, fled away towards their well. Bhagwan Singh was brought underneath the mango tree; he was dead. PW-2 Shiv Singh went to Police Station and lodged the report at 11:30 A. M. vide Ex. P/2, recorded by Station House Officer pw-10 Mahendra Singh Gaur. Shri Gaur reached on the spot and prepared inquest report Ex. P/5 of the dead body of Bhagwan Singh; he also effected the seizure of blood stained and controlled earth, bamboo stick, branches of Babool tree and blood stained stones from the spot through seizure memo Ex. P/3. He also prepared spot map Ex. P/15 and sent dead body for postmortem examination, which was conducted by PW-9 Dr. A. S. Khan. Postmortem report is Ex. P/14. Complainant pw-2 Shiv Singh was medically examined by PW-1 Dr. Sanjay Khandelwal, his mlc report is Ex. P/1. All the four accused persons were nabbed and on their disclosure statements, vide Ex. P/6 to P/9, the weapons of offence were seized through seizure memo Ex. P/18 to P/21. The seized weapons, clothes of deceased, blood stained and controlled earth, were sent for examination to Forensic Science laboratory. Forensic Science Laboratory report was filed in the Court, vide Ex. P/22. On axe, Farsi, blood stained earth, stone and clothes of deceased Bhagwan Singh, simple blood was found. Serologist report was also filed but exhibit was not marked on it; according to this report human blood was found on stone and clothes of the deceased, rest articles were not sufficient for test. On due investigation, charge sheet was filed against the four accused persons under section 302, 302/34, 324, 324/34, 294 and 506 Part-II of "the IPC".

(3.) APPELLANTS refuted the charges. The defence of deceased appellant Chatar Singh was of false implication; he was the guest of appellant Karan Singh and not residing in the village of other appellants and complainant party i. e. village Bhanpura, and the defence of other appellants was that appellant Dule Singh had gone to remove the fencing after taking permission from Parvat Singh, the father of Shiv singh, at that time he was assaulted by Shiv Singh, whereas according to Kalu Singh; he reached on the spot and tried to save his brother-appellant Dule Singh but he was caught by PW-3 Ramlal and he had not assaulted anybody. The defence of appellant no. 1 Karan Singh was that his son appellant Dule Singh was lying on the ground because of assault by complainant Shiv Singh and his son kalu Singh was caught by PW-3 Ramlal, at that juncture he saw deceased bhagwan Singh reaching on the spot by running having Lathi and was also tried to dealt a Lathi blow on the head of Kalu Singh. At that moment, in defence of his son Kalu Singh he dealt a solitary Lathi blow to Bhagwan Singh. Appellants examined DW-1 Prabhulal in their defence. The learned trial Court found the prosecution case proved, convicted the appellants as described herein-above.