VEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have preferred this appeal being aggrieved by impugned judgment dated 16-5-1997 passed by Additional Sessions Judge, khurai, District Sagar in Session Trial No. 45/97, whereby appellant Veer Singh has been convicted under Sections 148,302/149, IPC and sentenced to undergo one year R. I. and fine of Rs. 500/- in default R. I. for two months' and life imprisonment with fine of Rs. 1,000/- respectively, rest of the appellants were convicted under Sections 147 and 302/149, IPC and sentenced to undergo one year R. I. each and fine of Rs. 500/- in default R. I. for two months and life imprisonment with fine of Rs. 1,000/- each in default six months' R. I.

(2.) ACCUSED Makhan has been acquitted of charges under Sections 147, 148 and 302 read with Section 149, IPC. No appeal has been preferred by state against his acquittal.

(3.) PROSECUTION case in short is that on 18-12-96 at 9. 00 a. m. Harinarayan along with Sarman Yadav took irrigation pump on the bank of river. He has to irrigate his Khoontawala Khet, Vishal and Chhotelal accompanied them. They were installing pump at the agricultural field. Appellant Veer Singh came and obstructed them to install pump, he told that field belongs to him. Harinarayan told Veer Singh that field belongs to him and he shall install pump in his field, they want to irrigate their crops. An altercation took place. Resultantly Harinarayan alongwith others accompanied him and came back to village. On the same day at about 1. 00 p. m. Harinarayan, Vishal, mamta Rani, Sarman Yadav and Pappu were going to lodge FIR of morning incident. Vishal was having a bicycle and he was ahead of others. They reached near Khezrahar Village Bamnoura, near Ramsahay's field at about 1:30 p. m. , appellant Veer Singh armed with an axe, accused Dhaniram, Somnath, Kunwar singh, Makhan, Kundan, Kallu, Rattu and Bhoore armed with lathi met their. On seeing complainant party, appellant Veer singh exhorted other accused persons, that they are going to lodge FIR and asked to decide their fate. Veer singh gave an axe blow to Vishal, which landed over his left leg, Vishal fell down. Thereafter, Veer Singh assaulted Vishal by blunt side of axe and other accused persons assaulted him by Lathi. Vishal shouted, then Harinarayan, Sarman yadav and Pappu ran to rescue him. Accused appellant fled away from the spot. Vishal sustained various injuries on his back and other parts of the body. Vishal died on the spot. Harinarayan lodged FIR (Exh. P-l) in Police Station, Bandri. Investigation set motion. Spot map (Exh. P-3) was prepared. As per seizure memo (Exh. P-4) an axe was seized from Veer Singh, a lathi was seized from bhoore as per Exh. P-5, a lathi was seized from Kallu as per Exh. P-6, a lathi was seized from Dhaniram Exh. P-7, a lathi was seized from Makhan as per Exh. P-8, a lathi was seized from Makhan as per Exh. P-9, a lathi was seized from Rattu as per Exh. P-10 and a lathi was sized from Kundan as per Exh. P-l 1. Inquest memo of the dead body (Exh. P-13) has been prepared. The post-mortem of dead body of deceased Vishal was conducted by Dr. K. K. Jain (P. W. 4) he found following injuries on the person as per post-mortem report Exh. P-12:-