MITTHU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have preferred this appeal feeling aggrieved by the impugned judgment of conviction and sentence dated 10. 6. 1998 passed by Additional sessions Judge, Mungaoli/district guna in Sessions Trial No. 305/96, whereby held all the four appellants guilty for the offence punishable under Section 302 read with Section 34 of IPC and also under Section 324 read with Section 34 of IPC and sentenced each of them to imprisonment for life with a fine of Rs. 100 and three years RI with a fine of Rs. 100 on each count. Both the sentences are ordered to run concurrently.

(2.) BRIEFLY stated the facts of the case are that deceased Khub Singh is the real brother of appellant/accused Mitthu Singh. There was one more brother Hakim Singh, who died 10-12 years before the incident. The land left by deceased Hakim Singh was in possession of the accused appellant mitthu Singh, who was ploughing the aforesaid land. It is alleged that deceased Khub singh being the brother of deceased Hakim singh was demanding his share in the aforesaid land left by his brother deceased Hakim singh but accused Mitthu Singh had not responded on the demand of deceased Khub singh. It is alleged that on 5. 7. 96 at village maholi when the appellant/accused Mitthu singh with his son while ploughing the concerning land by means of a tractor, at that time deceased Khub Singh reached on the spot and objected the ploughing of the field by the accused Mitthu Singh. At that time it is alleged that accused Kallu @ Kalyan singh had caused injury to deceased Khub singh on the head by means of a farsa, thereafter accused Mitthu Singh had also caused injury to deceased Khub Singh by means of a farsa. Thereafter, it is alleged that Bahadur Singh-third accused, who is admittedly a crippled person, sat on the chest of deceased Khub Singh and caused injury by means of fists to deceased Khub singh. Thereafter it is alleged that fourth accused Meera Bai had also caused injury to deceased Khub Singh by means of an axe and fifth accused Ghasiti Bai had also caused injury to deceased Khub Singh by means of a lathi. The charge-sheet against ghasiti Bai had been filed before the Juvenile Court, as she was below 16 years. Due to the injuries sustained to deceased Khub singh, he died on the spot. The matter had been reported to Police Outpost malhargarh, on which basis report Ex. P3 had been registered and the Asstt. Sub-Inspector ramveer Singh Bhadoriya reached on the spot, prepared the Inquest panchnama of the dead body of deceased khub Singh and sent the dead body for postmortem examination to the Government hospital at Mungaoli, where Dr. Vijay satpal (PW12) performed the post-mortem of the dead body of deceased Khub Singh and found near about seven injuries on various parts of his body and opined that excessive bleedings and haemorrhage resulted coma and ultimate death of Khub Singh and the injury sustained on the head was found to be sufficient for causing death; he proved the report Ex. P21. The same doctor had also examined the injured eyewitness Dashrath son of Khub Singh and found 8 injuries on various parts of his body, for which proved the report Ex. P20. During investigation, the investigating Officer had recorded the statements of the witnesses, prepared the spot map, arrested the accused persons, also seized the various weapons from their possession alleged to be used in this incident and after due investigation the charge sheet has been filed.

(3.) ALL the accused persons abjured the guilt and their defence is of false implication in this case. The learned trial Court after due appreciation of the entire prosecution evidence on record held all the accused persons guilty for the offence punishable under Section 302 read with Section 34 and section 324 read with Section 34 of IPC and sentenced them as stated hereinabove; feeling aggrieved by which the appellants preferred this appeal.