GIRISH Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment dated 31- 10-1993 of the learned jjjrd Additional Sessions Judge. Chhindwara in Sessions Trial No. 80/ 1990, by which the appellants have been found guilty and convicted for offence u/Secs, 302/34 of the I.P.C. and each of them has been sentenced to imprisonment for life.

(2.) The appellants were prosecuted on the allegation that on 23-6-1989, they had committed murder of Premlal in village Jamuniya Pathar. The case of the prosecution in brief is that prior to the date of the incident appellant Girish had threatened PW 1 Ramratan father of the deceased Premlal to kill him within 6 months of which a report Ex. P/i had been sent by him to the Superintendent of Police is stated that once accused Girish has forgotten his watch at the well where he had gone to wash his face which he suspected had been picked up by Saraswatibai. d/o Ramratan, and about which there was a dispute but later the same had been settled before the Panchayat. On the date of the incident. deceased-Premlal had gone to the field where he was surrounded by the accused who fell him down and accused Girish caught his head and twisted it while accused Rahit kept him pinned by sitting on his chest. Lekhram held his legs and Han struck him with stone on his private parts. The incident is said to have been witnessed by PW 11 Juglal. It is alleged that on seeing Naharsha approaching the place the accused fled away. After an hour, the word spread in the village and Pawan informed PW 1 Ramratan about the death of his son Premlal and that the accused had killed him. Ramratan rushed to the spot where he found that his son was lying dead and that his head could be rotated on his neck. He lodged report Ex. P /2 at P.S. Amarwada art 5.30 p.m. which is at a distance of 36 kms. from the village.

(3.) PW 14 A.A. Qureshi recorded the FIR Ex. P/2 and after registering the offence proceeded to the spot where he held inquest on the dead body of Premia and prepared inquest report Ex. P119. He forwarded the dead body for postmortem examination which was conducted by PW 10 Dr. L.D. Hard ia.