SHYAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall govern the disposal of criminal Appeal no. 742/93 and Criminal Appeal No. 717/94 arising out of judgments passed by Additional Sessions judge, Sohagpur, in S. T. No. 130/88 convicting the appellants under Section 302/34, 324/34 of IPC and sentencing them to life imprisonment with fine of Rs. 1,000/- and rigorous imprisonment for two years respectively. Being aggrieved by their conviction and order of sentence, appellant Shyam singh, Kamlesh and Munna @ Bhawani have preferred criminal Appeal No. 742/93, whereas appellant Mahesh Kumar has preferred Criminal Appeal No. 717/94.

(2.) ACCORDING to prosecution, on 26. 3. 88 about 10 'o'clock in the morning at village Jamada, when complainant Kunjilal was fencing his 'khalihan', appellants shyam Singh, Mahesh, Kamlesh and Munna @ Bhawani armed with axe, lathi and kharedua came there on a tractor and appellant Shyam Singh said that he would make his 'khalihan' there. When complainant Kunjilal told him that he was making his 'khalihan' there for last three years, appellant shyam Singh said to chop off his limbs. Thereupon appellant kamlesh gave an axe blow on his occipital region, appellant shyam Singh gave another axe blow on his right leg, while appellant Munna assaulted him with kharedua on his left leg. When his father Ishwar Singh, tried to intervene and rescue him, appellant Kamlesh gave an axe blow on the right side of the scalp of Ishwar Singh. Appellant Shyam Singh also gave an axe blow on the left side of his ribs, while appellant mahesh gave lathi blow on his chest. As a result of injuries inflicted on him, Ishwar Singh fell unconscious. Upon hue and cry, Baijnath, Madhav, Jeevan and Halkori reached there; then appellants fled away.

(3.) THE FIR of the incident was lodged by complainant kunjilal at Police Station Pipariya, on the basis of which an offence was registered against the appellants and was investigated. Injured Kunjilal and Ishwar Singh were sent for medical examination. Ishwar Singh, however, succumbed to his injuries in the hospital. The intimation of his death was given to the Police from the hospital, whereupon merg intimation was recorded and merg inquest report was prepared. The dead body of Ishwar Singh was sent for postmortem examination. Blood stained earth and plain earth were seized from the spot. Spot map was drawn. Blood stained clothes of deceased Ishwar Singh as well as of injured Kunjilal were also seized. The axe, lathi and kharedua used in the commission of offence were seized at the instance of appellants Shyam Singh, Kamlesh, Munna and mahesh respectively. After due investigation, appellants shyam Singh, Kamlesh, Munna @ Bhawani, Mahesh Kumar and two others were prosecuted under Section 147, 148, 149, 307 and 302 of IPC and were committed for trial. Co-accused Seetaram and Bagdar @ Dilip were, however, discharged by the Sessions Court vide order dated 26. 3. 92. Appellants Shyam Singh, Kamlesh, Munna @ Bhawani, and mahesh were charged under Section 302/34 and 307/34 of ipc.