MULLU SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 5/10/1999 passed by learned Sessions Judge, Damoh in sessions Trial No. 104/99, convicting the appellants under sections 307/34 and 302/ 34 IPC and sentencing them to suffer rigorous imprisonment of ten years under section 307/34 IPC and life imprisonment under section 302/34 IPC with a further stipulation that both the sentences shall run concurrently this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 has been preferred by them.

(2.) THE prosecution has filed charge-sheet against four accused persons, namely, kamal Singh, Mohan Singh, Mullu Singh and Durag Singh. During the course of investigation one accused, namely, Gulab singh breathed his last. Accused Durag singh has been acquitted by the impugned judgment. In this manner the present three appellants have filed this appeal.

(3.) IN brief the case of prosecution is that on 14/4/1999 an information was received in the Police Station Nohta that accused persons are causing Marpeet by knife and kencha (a sharp edged weapon ). Said information was reduced in writing in roznamcha and, thereafter, police force arrived at the spot which is nearby the Bus stand. At the place of occurrence, injured mangal Singh lodged a Dehati Nalishi that when he was going to take bath with his brother Dal Singh (hereinafter referred to as 'the deceased'l at that juncture accused persons alighted from the bus. It is said that earlier to theincident, appellant Kama singh eloped with the sister of Mangal Singh, namely, Anita and basing this point, parties were in inimical terms. As soon as appellants kamal Singh and Mullu Singh alighted from the bus, on the point of eloping Anita some altercation took place between injured mangal Singh and appellants Kamal Singh and Mullu Singh as a result of which Mullu. Singh and Kamal Singh took out knife and kencha respectively Accused persons gulab Singh, Mohan Singh and Durag Singh rushed towards the place of occurrence armed with Kencha. Thereafter, it is said that gulab Singh and Mohan Singh dealt blows of Kencha on the abdominal region of Mangal singh. Kamal Singh also dealt blow of kencha which was landed on the left wrist of injured Mangal Singh. Acquitted co- accused Durag Singh dealt Kencha blow on the left arm of said Mangal Singh. Thereafter, mullu Singh dealt knife blows nearby right eye and nose. When the accused persons were causing Marpeet to Mangal Singh, deceased who is brother of Mangal Singh came for intervention but Gulab Singh and mohan Singh dealt blows of Kencha on the abdominal region of the deceased, as a result of which his intestine came out. Thereafter, kamal Singh, acquitted co-accused Durag singh and Mullu Singh also dealt blows of kencha on the person of the deceased, as a result of which he became unconscious and ultimately he breathed his last.