NAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 18/02/1999 of the learned 1st Additional Sessions Judge, Barwani, in Sessions Trial No. 79/1988, the appellants have filed this appeal against their conviction and sentence. The appellants were indicted for offences under Sections 147 and 302/149 of the Indian Penal Code. It was stated by the prosecution that prompted by a past enmity relating to the land, they committed murder of Makdia. At about 08.00 p.m., on that date, Makdia had raised an alarm and when his wife Velibai (PW 2) rushed to the place, she found that in the 'Nallah', Narsingh, Gulsingh, Sursiya, Khuma and Bhaila were conjointly assaulting her husband deceased Makdia. He was felled down and his 'Dhoti', which he was carrying on his shoulder, was snatched and after making a ligature, accused Narsingh and Gulsingh strangulated him while Khuma, Bhaila and Sursingh kept him pinned by holding his hands and legs. After a while, Makdia died. While Velibai (PW 2) tried to intervene, she was also threatened by the accused, but hearing her alarm, her sister-in-law, Navadibai and brother-in-law approached. Seeing these persons approaching the place of the incident, the accused ran away. This incident was also witnessed by Navadibai (PW 3) and Nahru (PW 4), sister-in-law of the deceased and her husband, respectively. A report of the incident (FIR - Ex. PAS) was lodged by Velibai (PW 2) and the investigation commenced. During investigation, the body of the deceased was sent for post-mortem examination which was conducted by Dr. P. L. Patel (PW 1). On external examination, Dr. Patel found the following injuries on the body of the deceased :

(2.) In the opinion of the Autopsy Surgeon, the death was caused by asphyxia, resulting from strangulation associated with suffocation. Post mortem report is Ex.P/1.

(3.) On the basis of the evidence collected by the prosecution, the charge sheet was filed against the appellants. On charges being read over to them, accused denied having committed any offence and through defence evidence, tried to show that death of Makdia was caused by Navadibai (PW 3) and her husband Nahru (PW 4). The Additional Sessions Judge, however, found the appellants guilty of offences punishable u/Ss. 147 and 302/149 of the IPC and respectively sentenced them to rigorous imprisonment for one year and imprisonment for life with fine of Rs. 500/- each, failing which the accused in default to suffer simple imprisonment for one month. It is against this conviction and sentence that the accused persons have appealed to this Court.