SANTOSH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE above two appeals are directed against the judgment dated 2.1.1989 of the learned additional Sessions Judge, East Nimar, Khandwa, in Session Trial No. 45 of 1988, by which the appellant Santosh in Criminal Appeal No. 25 of 1989 has been convicted for an offence under section 304 part II of the Indian. Penal Code and sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 1000/ - and in default of payment of fine, to suffer further R.1. for six months, while the appellants in Criminal Appeal No. 38 of 1989 have been convicted under section 304 Part II read with section 149, I.P.C. and sentenced to R.I. for two years and fine of Rs. 500/ - and in default of payment of fine, to suffer further R.I. for three months, and also under sections 323/149 and 148, I.P.C. and sentenced to suffer R.I. for three months on each count. The sentences have been directed to run concurrently and have been made subject to set off under section 428, Cr. P.C.

(2.) APPELLANT Santosh was tried for offences under sections 302, 302/149, 323/149 and 148 of the Indian Penal Code while the other appellants under sections 302/149, 323, 323/149 and 148 of the Indian Penal Code.

(3.) DURING investigation, spot map EX.P -5 was prepared by S.H.O. Ramsingh (P.W.15), who also took samples of blood -stained and plain earth vide Ex. P -7. The stone which had been used in causing injury to the deceased was seized from the spot under seizure memo Ex. P -8. Blood stained clothes of Shivlal were seized vide seizure memo Ex. P -6. Accused were arrested vide memoranda Ex. P -17 to P -21, sticks were seized vide seizure memo Exs. P -22 to P -26 and the seized articles were sent for examination to the Forensic Science Laboratory. Report Ex. P -29 was received from the F.S.L. and after examination of the prosecution witnesses and recording their statements, chargesheet was filed in the Court.