TOK SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Charan Singh has been convicted under Section 302 of indian Penal Code and appellants Tok Singh, Sher Singh and Amar Singh have been convicted under Section 302 read with Section 34 of Indian penal Code. All of them have been sentenced to imprisonment for life for causing the murder of Rai Singh. Appellant Amar Singh has been convicted under Section 307 of Indian Penal Code and appellants Tok Singh, Sher singh and Charan Singh have been convicted under Section 307 read with section 34 of Indian Penal Code and have been sentenced to rigorous imprisonment for seven years each for causing hurt to Hem Singh. The substantive jail sentences have been ordered to run concurrently.

(2.) THE facts of the prosecution case, in brief, are that a day before 24. 11. 1996 Ahru had stolen some Soya bean crop from the field of Hem singh. Ahru was relative of appellants Charan Singh and Amar Singh. Kamla Bai, wife of Hem Singh had rebuked Ahru for his committing theft of the crop. Felt aggrieved, appellants Charan Singh, Amar Singh and their relative Tok Singh got annoyed. On 24. 11. 1996, at about 11. 00 a. m. when rai Singh (deceased) and Hem Singh went to their threshing-floor, they found appellants present there. As soon as they reached there, appellant amar Singh rushed and caught hold of Rai Singh. At that moment Tok singh and Sher Singh assaulted Hem Singh by fists and kicks and felled him. Immediately thereafter, Charan Singh picked up a spade which was lying there and dealt several blows from the backside of it on the head of rai Singh, as a result of which, Rai Singh fell down and died. Thereafter, appellant Amar Singh took the spade from Charan Singh and dealt 2-3 blows from the back side on the head of Hem Singh. Bajru Bega (PW-3), who was present in the vicinity, raised alarm, then all the four appellants ran away from the spot leaving the spade there. Hem Singh went to his house and narrated the occurrence to Buddha Singh (PW-1 ). Buddha Singh went to Police Station Karanjiya, district Mandla and lodged report (Ex. P/1 ). A marg report (Ex. P/2) was also recorded.

(3.) SUB Inspector Rajendra Mohan Dubey (PW-13) went to the spot and carried out inquest proceedings. He seized the blood stained earth and spade from the spot vide seizure memo Ex. P/14. He sent the dead body of rai Singh to Primary Health Centre, Karanjiya, for postmortem examination, where Dr. Pradeep Sinha (PW-12) carried out the postmortem examination. According to his report (Ex. P/16), Rai Singh had sustained one lacerated wound 2x1/2x1/2 cms. on left lower part of face, lacerated wound 2x1x1 cms. on left upper part of face and temporal region and another lacerated wound 2x1x1 cms. on right upper part of forehead. There had been depressed fractures in the skull of left temporal region and right upper part of forehead. The brain had a lacerated wound on left temporal region and lower jaw was broken at three places. All the injuries were caused by hard and blunt object. Cause of death was the injury to brain and intracranial region with haemorrhage. Nature of death was homicidal. On examining hem Singh, Dr. Pradeep Sinha (PW-12) found one lacerated wound 2x1x1/2 cms. on post-central part of scalp. The injury was caused by hard and blunt object and was simple in nature. Injury report is Ex. P/17.