KUNWAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the impugned judgment dated 31-8-1999 passed in S. T. No. 358/90 by learned II Additional Sessions judge, Alirajpur (M. P.), whereby convicted the appellant under Section 302 of the Indian Penal Code (for short "the IPC") and sentenced to RI for life.

(2.) ACCORDING to the prosecution case on 23-2-1990 in the evening between 7 and 7. 30 p. m. , Kan Singh (Father of complainant Rai Singh) was returning back to his house. Complainant Rai Singh overhead his cry, on which rushed towards the place of incident, along with his younger brother Shankariya and wife Thawali, and saw that accused persons, in total, 7 in number was chasing kan Singh. Complainant Rai Singh asked Kunwar Singh as to why he was trying to assault his father, on which accused persons replied that deceased Kan Singh assaulted Kunwar Singh by Falia, therefore, they will kill him. The accused persons shot arrow and caused injury to Kan Singh. Kan Singh, while running in injured condition, reached up to his hutment and fell on the ground. Rai Singh (P. W. 2), along with other persons, was taking Kan Singh in bullock cart to the police Station but accused persons obstructed him to take deceased Kan Singh to Police Station. Accused persons, while shouting, ran away. Complainant Rai singh lodged the report (Exh. P-3) in the Police Station on 24-2-1990 in the morning at 4. 30 a. m. The Investigating Officer, Bhure Singh Parihar (P. W. 7)stepped into investigation and send the injured Kan Singh for treatment to Civil hospital, Alirajpur. He prepared spot map and also seized blood stained and controlled earth from the spot. Dr. N. S. Dabar (P. W. 6) recorded the dying declaration of deceased (Exh. P-10) on 24-2-1990 at 6. 19 a. m. Kan Singh was admitted for treatment in the hospital and was discharged on 5-4-1990. Thereafter, he died in his house on 23-4-1990. Death was reported to the police and police sent the dead body for post-mortem examination, which was performed by Dr. B. L. Khagar (P. W. 1 ). Post-mortem report is Exh. P-2. The police also added Section 302 of the IPC. The seven accused persons were charge-sheeted for commission of offence under Sections 148,302/149,307/149 and 341/149 of the IPC.

(3.) ACCUSED persons denied the charges and claimed for trial. The have not examined any witness in defence, whereas prosecution has examined, in all, 7 witnesses and adduced 17 documents to prove its case. During the course of trial, two accused persons named Kendu and Pahadiya died. Learned Trial court, while acquitting other four accused persons, convicted the appellant as described herein above.