HUKUM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The judgment delivered in instant appeal (Cr.A. No.374/2006) shall govern the disposal of Cr.A.No. 374/2006 (Hukum Singh Vs. State of M.P.) and Cr.A.No. 456/2006 as both these appeals have been filed against the common judgment of conviction and sentence dated 17/4/2006 passed by Special Judge (MPDVPK Act), District Shivpuri in Sessions Trial No. 66/2005; whereby, appellant of Criminal Appeal No. 374/2006 namely Hukum Singh has been held guilty of commission of offence under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 5,000/-, whereas, appellant of Criminal Appeal No. 456/2006 namely, Guddu alias Jangbahadur has been held guilty of offence under Sections 302/34 and 352 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 5,000/- and sentence of three months, respectively.

(2.) The case of the prosecution, in short, is that on the date of incident i.e. 27/7/2005, at about 8 pm, accused persons took deceased Ganesh Jatav with them on their motorcycle from his home and thereafter, at Devi Temple, situate at Nawab Sahab Road, Shivpuri accused Jangbahadur and other accused persons inflicted Bakka (Billhook) blows over the deceased. Incident was witnessed by complainant Ramesh Chandra Sharma (Police Head Constable) who was coming from his duty and tried to intervene in the matter but accused Jangbahadur abused him and tried to inflict Bakka blow over him, which he evaded and informed the matter to Police Station, Shivpuri on wireless. When police reached on the spot, accused fled from it and Dehati Nalishi report (Ex. P/9) was noted down. Injured Ganesh Jatav was taken to the hospital for treatment and an offence under Section 307 of IPC was registered by Police at crime No. 355/2005. Later, Ganesh Jatav succumbed to the injuries, therefore, body was sent for postmortem and statement of complainant and witnesses were recorded. After investigation, charge-sheet was filed by police Station on 25/10/2005 before the Court below for offence under Section 302/34 and 364 (A), 294, 307/34, 352/34 of IPC and Section 11/13 of MPDVPK Act against accused Guddu alias Jangbahadur, Hukum Singh and accused Bhagwanlal (who later on acquitted).

(3.) Appellants abjured their guilt. They did not take any specific plea but submitted that they were falsely implicated in the matter.