BHAVANRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 18-12-1998 passed by learned Sessions Judge, Sidhi in Sessions Trial No. 76/97 convicting appellants under Section 302 read with Section 34 of IPC and thereby sentencing them to suffer life imprisonment, the appellants have knocked the door of this Court by preferring this appeal under Section 374 (2)of the Code of Criminal Procedure, 1973.

(2.) FILTERING out necessary details the facts lie in narrow compass that on 5-5-1997 at 10 a. m. Ku. Gita Singh was taking care of mango trees at that juncture, appellant Prithvipal Singh alias Rintu came and started plucking mangoes from the trees, at that juncture Munna Singh also arrived there and he pacified appellant Rintu not to pluck mangoes. On this point some altercation took place between them. Dharamraj Singh (hereinafter referred to as 'the deceased') after evacuating also came there and he also pacified Munna Singh and appellant Rintu not to quarrel as a result of which Rintu caught hold the beard of the deceased and also hurled abuses of mother and sister to him. It is said that at that juncture appellant Bhavanraj Singh and Sant Kumar alias Santu armed with farsa and lathi respectively arrived there and were saying to kill the deceased. It is said that Bhavanraj Singh dealt farsa blow on the head and appellant Sant Kumar wielded lathi on heads and legs of the deceased and also dealt its blows on his head as a result of which deceased fell down. The entire episode was witnessed by Rajua Bai and Phoolmati Bai. These two persons came and uplifted deceased and thereafter accused fled from the place of occurrence.

(3.) THE deceased who was seriously injured at that time was brought to the Police Kotwali where Brijbhushan Singh lodged the First Information report against the appellants. On lodging of the First Information Report, criminal law was triggered and set in motion. The Investigating Agency sent the deceased who was alive at that juncture for his treatment at District Hospital, sidhi; arrived at the spot; prepared the spot map; on the death of the deceased on 8-5-1997 sent the dead body for post-mortem; recorded the statement of witnesses; arrested the appellants and seized lathi on the disclosure statement of appellant Bhavanraj Singh; seized the ordinary and blood stained soil from the place of occurrence; sent the blood stained articles for serological examination.