SARDAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 24. 11. 1998, passed by the Additional Sessions Judge, Panna, in Sessions trial No. 48/1991, convicting him under Sections 302/34 and 323/34 of the indian Penal Code and sentencing him to imprisonment for life with fine of rs. 1000/-with default stipulation and rigorous imprisonment for six months with fine of Rs. 500/-with default stipulation, respectively, on each count. Substantive sentences of the appellant have been directed to run concurrently.

(2.) IN brief the prosecution case is that on 28. 2. 1991 at about 10. 30 p. m. while Munnilal (PW-5) was sitting at the house of Bhaiyan (PW-3) and was celebrating the festival of Holi, Munna @ Om Prakash (deceased) and Cheeni @ Shyamlal came there on a motorcycle. Bhaiyan offered them drinks. In the meanwhile, appellant came there and drank the liquor kept in the glass for Munna, whereupon a quarrel occurred between Munna and the appellant. Munnilal and other persons intervened and then appellant was taken by his brother Randheer to his house. Thereafter Munnilal, Munna @ Om Prakash and Cheeni @ Shyamlal went to Kalyanpur on their motorcycle to fetch a chicken. After buying chicken, while they were returning on their motorcycle, 4-5 persons, who were hiding behind a gray coloured jeep, suddenly emerged and attacked them with Lathis. They were appellant, phool Singh and Mangal Singh Gound. Due to sudden attack, the motorcycle swerved and fell into a ditch. All the three persons came there and again assaulted them. Munnilal ran away and concealed himself in a field. Assailants kept on beating Munna and Cheeni and then went away in their jeep. In the early morning, Munnilal reached to the place of incident and found Munna almost dead. Cheeni was lying injured. Munnilal took Cheeni on a cycle and informed about the incident to his family members. Cheeni was then sent to hospital. Report of the incident was lodged by Munnilal at 7. 30 a. m. on 1. 3. 1992, at Police Station, Panna. Police registered the case against the accused persons under Sections 302/307/34 read with Section 120-B of Indian Penal Code.

(3.) DEAD body of Munna @ Om Prakash was sent for postmortem examination to District Hospital, Panna. Dr. O. P. Mor (PW-11) performed the postmortem examination of the dead body and found the following injuries on it (1) an incised wound 4"x1"x2" on parietal region of the skull. There was depressed fracture of the bone and brain matter was protruding out from the wound, (2) a lacerated wound on right parietal region 2" x bone deep. Parietal bone was fractured, (3) a lacerated wound on temporal region of the skull, traversaly placed, measuring 2" x bone deep and (4) Upper lip vertically lacerated and one contusion on right shoulder, traversaly placed. In his opinion, the cause of the death of Munna was excessive haemorrhage and brain injuries. Injuries were homicidal in nature. Postmortem report of munna @ Om Prakash is Ex. P/18. Dr. Mor (PW-11) also examined the injuries of injured Munnilal and found one contusion on his right thigh, an abrasion on right ankle and another on left leg vide his injury report Ex. P/17. Dr. Devendra Kumar Pippal (PW-10) examined the injuries of Cheeni @ Shyamlal and found five injuries on his body comprising (1) a lacerated wound 2x1/2x1/2" on left side of forehead (2) a lacerated wound 1"x 1/2" x 1/4" on right side of skull (3) a lacerated wound 1/2" x 1/2" x 1/4" on chin (4) a lacerated wound 1/2" x 1/2" x 1/4" on right side of lower lip and (5) a contusion 1" x 1" on wrist of right hand. Injuries of Shyuamlal and Munnilal were caused by some hard and blunt object.