- (1.) This appeal under Section 379 of Code of Criminal Procedure, 1973 read with Section 2 of the Supreme Court (Enlargement of Criminal Appellant Jurisdiction) Amendment Act, 1972, is directed against the judgment and order dated 20/08/2009 passed by the High Court of Madhya Pradesh Bench at Gwalior in Criminal Appeal No. 223/1998. By the Judgment and Order under Appeal, the High Court reversed the judgment and order of acquittal passed by the Trial Court and convicted the present appellants for the offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 and sentenced them to life imprisonment.
(2.) The crime in the present case was registered pursuant to F.I.R. No.102/95 dated 30.04.1995 with Police Station city Fatak, Dehat, District Vidisha pursuant to reporting by one Dhan Singh (PW-1). The said Dhan Singh reported that in the morning of 30.04.1995 at about 8:00 A.M., his father Aman Singh was assaulted by five persons, namely, Ganesh Ram having Kulhari, Halke having farsa, Ballu having stick, Prabhu Khatik having iron rod and one more unnamed person in front of the house of one Kamla Harijan. According to his reporting, Ganesha Ram inflicted blow on the leg, Halke Ram inflicted farsa blow on the head and right hand of his father while Prabhu Khatik and the unnamed person also assaulted hin. It was stated that the informant ran to rescue but he was kept at bay by the accused. According to him, the incident in question was witnessed by his mother Kapoori Bai(PW-4), Shanti Bai wife of said Kamla Chamar in front of whose house the incident had occurred, his own sister Radha Bai and wife Lakshmi Bai. The First Information Report further stated that he had put the dead body of his father in a truck and had come to lodge the report. After registering the crime, the investigation was undertaken by PW- 8( P.P. Gautam). The investigating officer conducted inquest Panchnama Ex.P-4 and thereafter made over the body for post mortem examination which was conducted by PW-4(Dr. R.K. Nigam). According to post mortem report, following injuries were found on the person of the deceased: 1) One abrasion left elbow posterior lateral aspect, size 2cm x 1cm, Black. 2) One abrasion left FA middle third posterior side, size 1cm x 0.1cm. 3) One incised wound over left frontal region oblique, 4cm x 0.5 cm x scalp deep. 4) Fracture humerous with incised wound right arm size 3cm x 1cm x2 2cm, oblique. 5) An incised wound over right FA posterior medial aspect, size 1.5cm x 0.5cm x 0.5cm 6) One incised wound over right by lower third lateral aspect, size 3cm x 0.5cm x 0.5cm. 7) Depressed fracture on skull, left parietal bone.
(3.) All injuries were ante-mortem in nature.;