SHIV SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 21-8-2001 passed by learned Fourth additional Sessions Judge, Morena in Sessions Trial No. 306/1995 convicting the appellant No. 1 Shiv Singh under Section 304, Part I as well as under Section 326/34 of IPC and thereby sentencing him to suffer ten years' rigorous imprisonment and fine of Rs. 7,000/- and in default to suffer further one year's rigorous imprisonment under Section 304, Part- I of IPC and also sentencing him to suffer three years' rigorous imprisonment and fine of Rs. 3,000/- and in default to suffer further one year's rigorous imprisonment under Section 326/34 of ipc and further convicting the appellant No. 2-Narayan Singh under Sections 304, Part-1/34 and 326 of IPC and sentencing him to suffer five years' rigorous imprisonment and fine of Rs. 2,000/- and in default to suffer further six months' rigorous imprisonment and also sentencing him to five years' rigorous imprisonment and a fine of Rs. 3,000/-and in default to suffer further six months' rigorous imprisonment under Section 326 of IPC, both the appellants have preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that two days earlier to 29-8-1995 some altercation, took place between the ladies of complainant party and appellants. On the date of incident viz. 29-8-1995 at 7. 00 O'clock in the evening, hurling of abuses took place between the complainant and the accused party. When Shyambihari (hereinafter referred to as the deceased), who is the brother of the complainant- Ramjilal, requested not to hurl the abuses, the accused persons became annoyed and it is said that the appellant Shiv Singh and Narayan Singh and other co-accused persons armed with bhala and lathi arrived at the place where the complainant was standing. It is said that accused persons caused mar-peet to the deceased. The role assigned to the appellant no. 1-Shiv Singh is that he dealt a bhala blow on the chest region of the deceased, as a result of which, blood started oozing. The other accused Naval Singh also dealt lathi blow on the person of the deceased. When complainant-Ramjilal and other persons, namely, Vrindawan, Ramcharan and rajkumar came to intervene, it is said that appellant-Narayan Singh dealt bhala blow on the abdominal region of Vrindawan, as a result of which, blood started oozing from the wound. It is also said that accused-Sahab Singh dealt a bhala blow on the person of Ramcharan, which hit on his left hand.

(3.) AFTER the incident took place, the complainant- Ramjilal along with Rajkumar, deeman and Rajveer brought the dead body of the deceased as well as accompanied injured persons to the District Hospital. Morena where the doctor declared,the deceased to be dead.