JANIYA CHAMAYDIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SINCE both these appeals are arising out of one and same impugned judgment, therefore, decided by this common judgment.

(2.) THE appellants have preferred these appeals against the impugned judgment dated 3-8-2000 passed in S. T. No. 45/2000 by learned IIIrd Additional Sessions Judge, alirajpur (MP), whereby convicted the appellants as under :-Name of the Appellant/s conviction U/s. Sentence and Fine 1) Tetiya 2) Janiya u/s 341 of the Indian Penal Code (for short "the IPC")Two months S. I to each 1) Tetiya 2) Janiya u/s. 302/34 of "the IPC" life imprisonment to each. 1) Tetiya 2) Janiya u/s 323/34 of "the IPC" two months S. I. to each. Substantive jail sentences of the appellants shall run concurrently.

(3.) ACCORDING to the prosecution case, on 17-12-1999 on eve of Dipawali festival complainant Nagadia, deceased Bhangdia, his brother Mansia and father Khumsingh, along with villagers, had gone at the place of worship situated near rivulet of the village. Villagers had also taken their cattle for pooja. After performance of Pooja, complainant party and villagers were returning to their village situated near the rivulet, complainant party was attacked by appellants. Appellant Janiya was having bow and arrow, and appellant Tetiya possessing Falia (sharp edged heavy iron object ). Appellant tetiya gave a Falia blow but Bhangdia saved himself and snatched Falia, thereafter appellant Janiya shot arrows, which pierced in the body of Bhangdia. Both the appellants, after causing injuries to deceased bhangdia, ran away. Incident was witnessed by Mansia, Nagaria, Khumsingh and Rapsia. The witnesses took Bhangdia in injured conditions to his house; where after some time bhangdia died. First Information Report (Ex. P/1) was lodged by Nagaria (P. W. 1), recorded by P. W. 7 Investigating Officer N. R. Dangi. Shri Dangi reached on the spot and conducted inquest proceeding, vide Ex. P/7. The blood stained and controlled earth were seized from the spot through seizure memo ex. P/1 8. P. W. 1 Nagaria gave blood stained arrow and clothes of deceased Bhangdia, which were seized through seizure memo Ex. P/19, by Shri Dangi. Dead body was sent for postmortem examination, which was conducted by P. W. 6 Dr. N. S. Thakur. The postmortem report is Ex. P/3. Injured eye-witness P. W. 3 Khumsingh was medically examined by P. W. 6 Dr. N. S. Thakur, who issued MLC report Ex. P/5. Seized aricles were sent to Forensic Science Laboratory with a covering letter (Ex. P/14 ). On due investigation, charge sheet was filed against the appellants for commission of offences under Section 341, 302, 323 read with Section 34 of "the IPC".