STATE OF MADHYA PRADESH Vs. MOHAN SINGH AND ORS.
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
Mohan Singh and Ors.
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ANURAG SHRIVASTAVA,J. -
(1.) The present appeal has been preferred by the State/appellant under section 378(3) of Cr.P.C., 1973 being aggrieved by the judgment and conviction dated 28.02.1994, passed by Second Additional Sessions Judge, Sagar in S.T. No.02/1990, whereby the respondents have been acquitted of the offences punishable under Sections 302/120-B, 148, 302/149 of IPC. Appeal against respondent Mohan and Karan Singh stands abated due to their death.
(2.) The case of the prosecution in brief is that one day prior to incident, deceased Ram Dayal had lodged the cattle of appellant Mohan Singh, Nand Ram and Chintua in the pond at village Teharka. Next day on 16.07.1989 at around 9 O'clock in the morning Ram Dayal was sitting under a mango tree situated in his field, the respondents Arjun, Bhumani Singh, Brajbhushan, Nandram along with other accused persons namely Mohan Singh, Karan Singh, Champalal, Mahaveer, Deman Singh, Hari, Chintaman, Sundarlal and Chandan Singh, armed with lathi, axe and farsa came there and started beating Ram Dayal by there respective weapons. Ram Dayal raised the alarm for help, hearing his cry, the complainant Lala Ram and witness Govinddas Ghashayam and Ramratan came on the spot, seeing them, the respondents and other co-accused persons flew away. Ram Dayal had sustained fatal injuries, he was taken to police station Nivadi where his son Lalaram lodged the F.I.R. Ex.P-1. Ram Dayal was taken to Primary Health Centre, Teekamgarh for treatment. Dr. Vinod Ravat examined him and referred to Medical College, Jhansi, but Ram Dayal succumbed to his injuries at around 1:45 p.m. On intimation from hospital, S.K. Goswami Sub Inspector recorded the Marg Intimation Ex.P-42 and conducted the inquest. The Panchnama of dead body Ex.P-3 was prepared and body was sent for postmortem. The police registered an offence under Section 302 of I.P.C. and investigated the matter. The spot map Ex.P-6 was prepared. On 20.07.1989 the respondents Mohan Singh and Karan Singh and accused Champalal were arrested and on the basis of their memorandum statements, a lathi was seized from respondent Champa Lal, and axes were seized from Mohan Singh and Karan Singh. The statements of witnesses were recorded and after completion of investigation, the charge-sheet has been filed before the Court.
(3.) The trial Court framed charge of offence punishable under Section 148, 302/149 and 302/120-B of I.P.C. on respondents and other co-accused persons. They abjured guilt and pleaded innocence. The prosecution has examined 13 witnesses in its support whereas the respondents had examined four witnesses in their defence.;
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