PREM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the instant appeal, a challenge has been made to the order of conviction and sentence dated 20-01-2003, passed by Second Additional Sessions Judge, Sehore in S.T.No.191/2002, whereby appellant nos.1 and 2 have been convicted under section 302 / 34 of IPC and sentenced to undergo imprisonment for life and fine of Rs.5,000/-, in default of fine to suffer further R.I. for 6 months and appellant no.3 has been convicted under Section 302 of IPC and sentenced to undergo imprisonment for life and fine of Rs.5,000/-, in default of fine to suffer further R.I. for 6 months

(2.) The case of the prosecution in short is that a dispute over land existed between the appellants and deceased Suraj Singh. At about 6.30 p.m. on 02-09- 2002, the appellants accosted the deceased near the Sonar Chapra rivulet. It is alleged that appellants no. 1 and 2 caught hold of the deceased while appellant no.3 inflicted injuries with a knife by giving repeated blows. The incident was witnessed by two brothers of the deceased one Durga Prasad (PW-1) and another Gendalal (PW-2). Information was given to the Kotwar of the village by Man Singh (PW-3).Thereafter Durga Prasad went to the police station and lodged first information report Ex.P-1.

(3.) After registering the FIR, Investigating Officer Krishna Chand Ghadi (PW-9) made entry in the Rojnamcha and proceeded to the spot. He found that deceased Suraj Singh was dead. He stated that near the dead body, a knife was lying and one turban was also found at the spot. He prepared the spot map Ex.P-21. He seized the blood stained knife , sleepers of the deceased and one bicycle from the spot. He had taken blood stained soil of the spot vide Ex.P-4. He was informed that the turban which was found to be lying at the spot was belonging to accused Prem Singh. The same was seized vide Ex.P-5. The knife was seized vide Ex.P-7. The dead body panchnama was prepared and according to him, there were multiple injuries on the dead body. He had sent the dead body for postmortem vide application,Ex.P-15.He recorded the statements of Durga Prasad and Man Singh on 06-09-2002 and the statements of Genda Lal, Puran and Gangaram were recorded on 15-09- 2002. He recorded the statement of Hari Narayan on 06-09-2002. He also made a query from the Doctor vide Ex.P-17 that whether the injuries to the deceased could have been caused by the seized knife. He arrested the accused persons namely Radhe Shyam, Subhash and Prem Singh on 03-09-2002. He stated in para-8 of his deposition that he had also seized white colour Kurta belonging to Prem Singh which was blood stained . The same was seized vide Ex.P-11.In para-9 of his statement, he has stated that he had sent the seized articles including turban, clothes of the deceased for chemical examination to FSL Gwalior.