JASWINDER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed this appeal under Section 374(2) of the CrPC calling in question the legality and correctness of the judgment and order dated 3/9/2004 passed by the Sessions Judge, Sessions Division Gwalior in Sessions Trial No. 109/2004, whereby each of the appellants has been convicted under Section 302 read with 34 of the IPC and sentenced thereunder to suffer rigorous imprisonment for life with a fine of Rs.1,000/- (One Thousand) in default of which to further suffer simple imprisonment for a period of three months.

(2.) The prosecution case as emerged out during the trial of the case, in brief, is as under:-

(3.) The learned Sessions Judge framed the charges against the appellants for the offence punishable under Section 302 read with 34 IPC . Each of them denied the charge and opted for trial. Thereafter, the trial commenced. The prosecution examined in all twelve witnesses and exhibited in all twenty six documents. Upon the conclusion of the prosecution evidence, the learned Sessions Judge put incriminating evidence and circumstances appearing on record to the appellants for eliciting their explanation thereto as per the procedural mandate under Section 313 CrPC. They have admitted the following facts that the deceased was the mother and the mother-in-law of appellants Jaswinder Singh and Lakhwinder Kaur respectively and on 16/12/2003 she was crushed to death by a vehicle on a road by the side of the river Kanhar close to their native village Baraipura. They took the defence that the deceased was run over by an unknown vehicle. They also took the defence that appellant Jaswinder Singh had inherited a big holding of the agricultural lands following the death of his father being his only son. Prosecution witnesses namely Ranjeet Singh (PW-5), Harbans Singh (PW-6) and Balwinder Singh (PW-7) are their close relatives. They want to usurp his agricultural lands, therefore, they gave totally false evidence against them in the court. The appellants examined in their defence four witnesses namely Gurvachan Singh (DW-1), Angrez Singh (DW-2), Baldev Singh (DW-3) and Gurpal Singh (DW-4) and exhibited nine documents Ex.D-1 to Ex.D-9.