STATE OF M P Vs. GOPAL SINGH

JUDGEMENT

(1.) The appeal has been preferred by the State of M.P. aggrieved by judgment dt. 20.2.1992 passed by 3rd Addl. Sessions Judge, Bhopal, passed in S.T. No. 292/90, u/s 302 of the I.P.C. acquitting the respondents for commission of offence u/s 302 r/w 147, 148, 149 r/w 34 of the I.P.C.

(2.) As per prosecution case, on 19.6.1990 Rajmohan & Niranjan Singh had gone to Jammusarkala to purchase sugar, when they were coming back in the forest near village they were beaten upon by six accused persons with the halp of lathi, Lohangi and Farsa. Intimation of accident was given by Mania Banjara (PW-3) to Daulat Singh (PW-4) and to Sumer Singh (PW-10). Sumer Singh and Mania Banjara came to the spot where deceased Niranjan Singh as well as Rajmohan made oral dying declaration that they were beaten upon by Maharaj Singh, Gopal Singh, Kishan Singh, Kamal Singh, Raghunath Singh and Prahlad Singh with the help of aforesaid weapons. Telephonic intimation was received at Police Station Berasia at 3:40 p.m., on the basis of which Sub-Inspector O.P. Katiyar (PW-13) reached to the spot along with police force. On the spot Dehati Nalish was recorded at 16:40 hours, on the basis of which marg and later on crime was registered. Inquest of dead body of Rajmohan and Niranjan Singh was prepared and post-mortem was performed by Dr. R.K. Sharma (PW-1). On the person of deceased Niranjan Singh in all 28 injuries were found two of them were found on the head and 26 injuries were found on other parts of the body whereas on the person of the deceased Rajmohan 28 injuries were found, 3 of them were on the head. All the injuries were ante-mortem. Death was homicidal. Accused persons were arrested. Weapons of offence were seized from them. Spot map was prepared. There was enmity between the parties with respect to agriculture land. On the cloths, lathi and Lohangi human blood was found.

(3.) Accused abjured the guilt and contended that they have been falsely implicated in the case. Accused persons have been acquitted. Prosecution in all examined 14 witnesses. None of the witness was examined in the defence. Accused persons have been acquitted. During the pendency of the appeal Maharaj Singh died, his name has been deleted. The appeal remains with respect to five accused persons.