RAJENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 602/2005 originates from judgment dated 23.08.2005, whereby First Additional Sessions Judge, Datia, in Sessions Case No. 23/2004, has convicted the appellants Rajendra Singh, Munna Singh & Tej Pal Singh under the provisions of Section 302/34 of IPC with life imprisonment and fine of Rs. 1000/- each. They are also convicted under Section 325/34 of IPC with three years R.I. and fine of Rs.500/- and in default of payment of fine, further simple imprisonment of 6 and 3 months respectively. Both the sentences are directed to run concurrently. It has come on record that at the time of sentencing, Chhote Singh absconded, as a result separate judgment has been passed by the Court of First Additional Sessions Judge, Datia on 30.07.2015 and Chhote Singh has been convicted under Section 302/34 of IPC with life imprisonment and fine of Rs. 3,000/-. In default of payment of fine, 6 months simple imprisonment. He has also been convicted under Section 325/34 of IPC with three years RI and fine of Rs. 2,000/-. In default of payment of fine, 3 months simple imprisonment.

(2.) Since both the appeals originate out of the same session trial, though two separate judgments have been passed under peculiar facts and circumstances as have been noted above, both the appeals are being dealt herewith simultaneously.

(3.) It is submitted that as per the prosecution case, Janved Singh (PW-1) had lodged FIR (Exhibit P-1) to the effect that on 20.11.2003 his nephew Ramnaresh and son Balkishan (PW-3) had gone to their fields to take care of their standing crops but when they did not return back home on 21.11.2003 till 6:00 am, then complainant Janved Singh (PW-1) and his nephew Balwan Singh (PW-2) had gone to the field to look for them. On reaching their field, they found that his nephew Ramnaresh was dead and his body was lying in khaliyan with grievous injuries on head, neck and face which all were bleeding. His son Balkishan (PW-3) was lying in a injured condition close to a well with injuries on head and face with sharp cutting object. When complainant Janved Singh (PW-1) asked Balkishan (PW-3) as to what had happened then Balkishan (PW-3) had informed him that at about mid night, son of Raghuveer Singh, namely, Rajendra, Munna, Chhote and Tej Pal had caught hold of them and Chhote with an axe had hit Ramnaresh and him with an intention to kill them. They thought that both have died, therefore, they ran away. After some time when he gained his consciousness, he found that Ramnaresh had died then he ran for some time but had fallen down close to well and then requesting them to save his life, he had became unconscious. It is further mentioned that complainant after seeing his injured son Balkishan (PW-3) and dead body of Ramnaresh, shouted for help then Sarpanch of the village namely Rajendra Singh (PW-5), Advocate Prahlad Singh (PW-7) and children from his house, namely, Sunil and Ghanshyam (PW-8) had reached there. Thereafter, they had taken Balkishan (PW-3) to the Police Station in the tractor of Mahendra Singh. It was alleged that Rajendra Singh, Munna Singh, Chotte Singh and Tej Pal Singh used to pressurize them for "begar", but when they refused to follow their dictates, Ramnaresh has been murdered, whereas Balkishan (PW-3) has been injured with a view to harm him. FIR (Exhibit P-1) was lodged at Police Station Jigna under the provisions of Section 302, 307, 34 of IPC.