The appellants examined five defence witnesses in their defence.
On the fateful day, the deceased Dhan Singh Dhania was digging a well in his field and was storing stones on the embankment of the field for which the accused persons were having objection.
The police after companypleting the investigation filed the challan in the Court.
Both the sentences were directed to run companycurrently.
The appellant, being dissatisfied by the judgment and order dated 31.8.1995, filed an appeal before the High Court of Madhya Pradesh against their companyviction and sentence passed by the trial Court.
It was also submitted that the prosecution has examined all interested and partisan witnesses and has withheld independent witnesses, though shown to be present on the spot and were injured.
The injured witnesses have also number been examined in the Court.
It is significant to numbere that Dr. Fateh Singh found, in all, four injuries on the person of deceased Dhania i.e., two stab wounds, one fracture of left temporal bone and on dissection, he numbered one fracture of temporal and parietal bone.
They were examined by PW 4, Dr. Fateh Singh.
Thereafter Nar Singh shot an arrow piercing in his stomach.
The deceased Bhuru also reached over there and he too was assaulted by the appellants.
P 1 at the police station at 2.00 p.m. Both Dhania and Bhure died on the spot.
Dr. Fateh Singh, PW 4, on performing the autopsy on the dead body of Bhure, found one stab wound at the left chest caused by a sharp pointed object and a fracture of temporal bone.
The statements of these DWs are also number helpful to the appellants Bathu Singh, Nar Singh and Bhal Singh because DW 1 has number named any of the deceased or the prosecution witness.
At that time, all the appellants reached the place in question having arrow and bow, Denga lathi and stones and started assaulting the deceased Dhania.
His post mortem report is Ex.
So far as the appellants herein are companycerned, there is overwhelming ocular evidence on record duly companyroborated by the medical evidence and the statement of PW 1, Sardar Singh.
Bathu Singh appellant No.2 before the High Court shot an arrow piercing at the chest of the deceased Bhuru and Bhal Singh appellant No.4 before the High Court gave a lathi blow Denga on his head whereas Richhu, Nanbai and Bhangdibai used the stones in the incident.
The incident was witnessed by PW 1, Sardar Singh, PW 2, Jagat Singh, PW 3, Humabai and other witnesses named Bhagat Singh, Buddhibai Jalam Singh, Pratap Singh and Bhim Singh.
Their bodies were sent for post mortem examination and injured persons Hirabai and Jhillibai were sent for medical examination.
The trial Court held guilty of offences under Section 302/148 I.P.C. against Balu Singh, Bathu Singh, Nar Singh and Bhal Singh and sentenced them to life imprisonment and fine of Rs.1000/ , in default, R.I. for one year and six months, and Richhu, Bhagndibai and Nanbai were companyvicted under Sections 302 r w 149 and 148 I.P.C. and sentenced them to undergo imprisonment for life and R.I. for one year.
PW 4, Dr. Fateh Singh, had performed the autopsy on the dead bodies of Dhania and Bhuru.
PW 1, Sardar Singh, informed this incident to village Chaukidar and thereafter lodged a report Ex.
Being aggrieved by the said judgment, the appellants preferred these appeals by way of special leave.
The deceased Dhania sustained two stab wounds at his stomach caused by pointed sharp edged weapon and a fracture on left temporal bone caused by hard and blunt object.
Learned companynsel appearing for the appellants has also taken us through the statements of DW 1 Thumlibai , DW 2 Sukliya , DW 3 Hirasingh , DW 4 SDOP Rajendrasingh Kushwah and DW 5 Balusingh examined as defence witnesses.
697 of 1995 by acquitting appellant No.1, Balu Singh, appellant No.4, Richhu, appellant No.6, Bhangdibai and appellant No.7, Nanbai of the offence they were charged and the appeal of the appellants Bathu Singh appellant No.1 herein , Nar Singh appellant No.2 herein and Bhal Singh appellant No.3 was dismissed.
Lakshmanan, J. These appeals are directed against the judgment and order dated 19.4.2002 passed by the High Court of Madhya Pradesh, Bench at Indore in Criminal appeal Nos.697 and 831 of 1995 whereby the High Court has partly allowed Criminal Appeal No.697 of 1995 by acquitting appellant No.1, Balu Singh, appellant No.4, Richhu, appellant No.6, Bhangdibai and appellant No.7, Nanbai of the offence they were charged and the appeal of appellant No.2, Bathusingh, appellant No.3, Nar Singh and appellant No.4, Bhal Singh was dismissed.
The appellants denied the allegations of the prosecution and pleaded self defence as appellant, Baley Singh appeared and examined as DW 5 and stated that his wheat, Bajara and Urad crops in threshing field near his house were set on fire and thereafter they started throwing stones at his house.
Prosecution examined eight prosecution witnesses during trial.
Dr. AR.
His post mortem report is Ex.
The case of the prosecution, in brief, is as follows The appellants and the deceased persons as well as PW 1, Sardar Singh, PW 2, Jagat Singh and PW 3, Humabai are related to each other.
On companying out from the house, Bhagat Singh and Jagat Singh shot arrows from bow and in defence, the appellants also shot arrows and in that process one Bathu Singh sustained injury by arrow.
Thereafter PW 1 and PW 2 came to the village and gave information to village Chaukidar and thereafter reached the spot and found Dhania and Bhuru lying dead there.
