MULUA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals are arising out of the common order of conviction and sentence dated 30-10-2007, passed by Additional Sessions Judge Tikamgarh, in S.T.No.19/2005, whereby the appellants have been convicted and sentenced as under :

(2.) The prosecution case is that on 12-12-2004, at about 6.00 A.M. deceased Lalaram was watering his field, at that time appellants came in the field and caught hold him and taken him to the field of appellant no.2. Thereafter, the dead body has been found at the incident place. It is further alleged that the appellants caused injuries with the help of axe and farsa and due to those injuries, the deceased succumbed. The information of the incident was given by the brother of the

(3.) deceased Rambagas at about 9.00 AM on the said day and the names of the appellants were mentioned. Ram Singh came to the house and told about the incident to his uncle Gyani and thereafter the matter was reported at Police Station Jatara by the brother of the deceased Rambakash Yadav. The police has registered the FIR against all 6 accused persons for commission of offence under sections 147 , 148 , 149 and 302 of IPC at Crime No.304/2004. 3. During the investigation, map of the spot Ex.P-4 was prepared. The accused persons were arrested and as per the memorandum of the accused, the articles were seized by the police. The articles were sent to FSL for the chemical examination and on certain articles, the blood was found. After completion of the investigation, challan was filed before the court and the matter was committed for trial.