IMRAT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed under Section 374 of Cr. P. C. by the appellants/accused being aggrieved by the judgment dated 30. 3. 1995 passed by Sessions Judge, datia in S. T. No. 96/94 convicting to each of them under Section 148 and 302 r/w 149 of IPC with a direction to undergo for two years RI in the earlier section while life imprisonment with fine of Rs. 25,000/-, in default of it further three years ri in later section.

(2.) THE prosecution case in short is that on 25. 5. 1994 at about 2. 00 O'clock in the noon one kilometer away from the village of Kotra near Sindh river at some place namely Barar ki Khoda the appellants were beating to the deceased Gajraj Singh by means of sticks. On hearing noise of such beating the complainant Lakhan Singh and ramsingh passing through the near way came there and asked why he is being beaten by them then the appellants ran to beat them, on which they ran away from such place to save their lives. Thereafter again beating of Gajraj Singh was continued by the appellants, on reaching to village said Lakhan Singh and Ram Singh mentioned the aforesaid incident to Man singh and Rudra Singh. Subsequent to this, the servant of Gajraj Singh namely raghuvir Singh, Har Bilash Akhbarwala and Mahendra Singh came and informed that Gajraj Singh is lying dead near aforesaid river. As per further averments the deceased Gajraj Singh has been murdered by the appellants because of some election enmity. The first information report was lodged by Lakhan Singh at P. S. Goraghat. In investigation dead body of the deceased was seized and sent to hospital where its post-mortem was carried out, spot map was also prepared. The appellants were arrested, on disclosing the information regarding the place of concealment of sticks by them the same were recovered. After holding the investigation at initial stage the charge-sheet was filed on 25. 6. 1994 only against appellant No. l and 2 namely Imrat singh and Hetam Singh for the offence under Section 302/34 of IPC. Subsequently, by showing the appellant No. 3 to 5 as absconded accused the subsequent charge-sheet was filed on 25. 8. 1994 while after arresting them again charge-sheet was filed on 30. 8. 1994.

(3.) ON framing the charges by the trial court against all the appellants, they abjured the same, on which the evidence was recorded. On appreciation of the same after holding guilty to the appellants for the aforesaid offence each of them has been sentenced as mentioned above. On which the appellants have come forward with this appeal.