MOHAR SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeals under Section 374(2) of Cr.P.C. have been preferred by appellants/accused persons against the judgment dated 27.2.2006 passed by Fourth Additional Session Judge, Sagar(M.P.) in Sessions Trial No.182/2004, whereby the appellants have been convicted for an offence punishable under section 302 / 34 of IPC and awarded R.I. for life with fine of Rs. 1000/- each, with default stipulations.

(2.) The case of prosecution in brief is that on 16.1.2004 at around 9:00 O'Clock in the morning at Village Oriya, deceased Virendra Singh was going to his field. On the way at Khirka, he found Pritam, Akhilesh and Jahar playing kullu. He joined them and started playing Kullu with them. Other witnesses Munna, Tijai, Ganesh Ram, Sher Singh, Karodi were also present there witnessing the game. At about 10:30 a.m. appellant Kedar Singh armed with Tabbal and Mohar Singh armed with axe arrived there. Appellant Kedar Singh abused Virendra and asked him what he was speaking about Kedar. Thereafter Kedar Singh dealt a blow of Tabbal on the neck of Virendra Singh. Mohar Singh assaulted him by axe on his hand and back. Seeing the incident, Nanhe Bhai, the brother of Virendra, who was going towards his field shouted for help, then appellants ran away towards hillock. Virendra sustained fatal injuries and he died on the spot. Nanhe went to Police Station Jaisinagar where he lodged FIR, Ex.P.7. Investigating Officer R.C.Dangi, Sub- Inspector registered the offence and visited the scene of occurrence, he prepared spot map, Ex.P-1 and Panchanama of dead-body, Ex.P-8. He seized the red earth and plain earth from the spot vide seizure memo, Ex.P-2 and sent the dead-body for postmortem. During investigation, the appellants were taken into custody and a tabbal was recovered and seized at the instance of appellant Kedar and an axe was recovered and seized at the instance of appellant Mohar Singh. The clothes of appellants were also seized. The statement of witnesses were recorded. As per prosecution the appellant Kedar was having illicit relations with Kallo Bai, who is a tribal. Deceased Virendra objected to it. Due to this Kedar was keeping enmity with the deceased. After completion of investigation, chargesheet has been filed before the Court.

(3.) The trial court framed the charge of offence punishable under section 302 / 34 of IPC against the appellants. The appellants abjured guilt and pleaded innocence. The prosecution has examined 23 witnesses; whereas the appellants have examined 3 witnesses in their defence.