MOHAN AND OTHERS Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2018-8-187
HIGH COURT OF MADHYA PRADESH
Decided on August 28,2018

Mohan And Others Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

VIRSA SINGH VS. STATE OF PUNJAB [REFERRED TO]
BHARWADA BHOGINBHAI HIRJIBHAI VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

S.K.Awasthi, J. - (1.)The instant Criminal Appeal is preferred to challenge the judgment dated 15.6.2005 passed by Additional Sessions Judge, Ujjain in S.T.No.281/2004 whereby the trial court convicted the appellants for commission of offence punishable under section 302 read with section 34 of the IPC and sentenced to undergo Life Imprisonment and fine of Rs. 5,000/- each with default stipulation.
(2.)The facts necessary to be stated for disposal of the instant appeal are that on 29.4.2004, Shankarba-father of the complainant was grazing his goats near the Chambal river at village Sanawada. Devisingh (PW-1) was also grazing his goats there. Kashiram(PW-4) went to give tiffin to Shankarba at noon and he saw that smoke was rising on the bank of river. Appellant Mohan along with his brother-in-laws were preparing wine. After giving tiffin to Shankarba, Kashiram returned back. Thereafter Mohan came to Shankarba and asked him to give male goat to eat but he refused to give. On that count, appellants assaulted Shankarba, due to which he sustained injuries on his neck and head, resultantly he died on the spot. Devisingh (PW-1) witnessed the incident and he informed about the incident to Satish Pandya. Satish Pandya intimated about the incident to his brother Praveen Pandya. Praveen Pandya informed the incident to complainant Nathulal who had gone to Badnagar for marketing. He immediately came to the spot and found that his father was lying dead. Nathulal went to the police station, Badnagar and informed the police regarding the incident. Sub-Inspector, R.Gaud along with Head Constable Kailash came to the spot where he recorded Dehati Nalishi (Ex.P/15) at the instance of Nathulal. The Dehati Nalishi was sent to P.S.Badnagar and on that basis, Head Constable registered the FIR (Ex.P/20) at crime No.115/2004 and also recorded Marg intimation under section 174 of the Cr.P.C..
(3.)Sub-Inspector, R.Gaud inspected the spot and prepared spot map (Ex.P/16). He also prepared deadbody Panchnama (Ex.P/17) of the deceased Shankarba. His deadbody was sent to Civil Hospital, Badnagar for postmortem. Dr. Devesh Kumar (PW-7) conducted the postmortem of the deceased on 30.4.2004 and gave report (Ex.P/14). R.Gaud seized the simple and blood stained soil from the spot, recorded the statement of the witnesses and arrested the accused persons. On the basis of their disclosure statement under section 27 of the Evidence Act, wooden sticks were recovered. The seized properties were sent to the FSL for chemical analysis. After completion of the investigation chargesheet was filed before the JMFC, Badnagar, who committed the case to the Court of Sessions and ultimately it was transferred to I ASJ, Ujjain.


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