Research › Search › Judgment

Madhya Pradesh High Court · body

2018 DIGILAW 40 (MP)

Khelan Singh v. State of M. P.

2018-01-11

ANURAG SHRIVASTAVA, NANDITA DUBEY

body2018
JUDGMENT Smt. Dubey, J.--1. This appeal has been filed by the appellant, being aggrieved by the judgment dated 27.6.2000, passed by Additional Sessions Judge, Begumganj, District Raisen in S.T. No. 57/1986, whereby the appellant has been found guilty for the offence under section 302 of the Indian Penal Code and has been sentenced to life imprisonment and fine of Rs.1,000/- with a stipulation for 6 months rigorous imprisonment in case of default. 2. Initially, appellant was charged under sections 148, 302/149, 323/149 and 324/149 of the IPC along with 12 other co-accused persons. However, the appellant was absconding, the trial against the other co-accused persons were proceeded, who were all acquitted on 3.7.1990. 3. The prosecution case, in brief, is that, on 25.10.1985, at around 8-9 p.m. in the night, appellant along with 12 other co-accused persons surrounded and assaulted the deceased, on account of a cattle dispute, as a result of which, he sustained grievous injuries. He was taken to the hospital, where his dying declaration (Ex.P-5) was recorded by PW5 B.P. Chatuirvedi, Naib tahsidar, whereafter he was referred to the hospital of Raisen, where later on, he succumbed to the injuries on the next day, at around 3.P.M. 4. On the basis of FIR, criminal law was set into motion. Spot map was prepared and the statements of the witnesses were recorded. The body was sent for post-mortem. 5. The prosecution examined 11 witnesses, whereas from defence side, three witnesses were examined. The appellant was absconding and was ultimately arrested on 24.6.1999. 6. The trial Court found the appellant guilty of committing the offence under section 302 of the IPC. and convicted him as aforesaid, relying on the dying declaration (Ex.P-5) and the statement of witnesses PW7 Kuwar Singh, PW8 Kalyan Singh and PW9 Gutai and the medical evidence. 7. Having heard the learned counsel for the parties and on perusal of the record, it is observed that dying declaration (Ex.P-5) was proved by PW5 B.P. Chaturvedi, Naib Tahsildar, who has clearly stated that he was directed by the S.D.M. Begumganj to record the statement of the deceased. He has further stated that the statement of the deceased was recorded after the doctor had certified that he was conscious and in a fit state of mind to give his declaration. 8. Dr. He has further stated that the statement of the deceased was recorded after the doctor had certified that he was conscious and in a fit state of mind to give his declaration. 8. Dr. G.V. Nair PW6, who conducted the postmortem has found 4 incised wounds on the body of the deceased and one contusion. Out of the four incised wounds, two were on the epigastric region and fatal in nature. There was laceration of intestine. The intestine and blood vessels were cut and protruding out of the wounds. In the opinion of Dr. G.V. Nair PW6, these injuries were sufficient in ordinary course of nature to cause death. According to Dr. G.V. Nair PW6, the cause of death was haemorrhage and shock as a result of the injuries on the body of the deceased. The medical evidence is fully corroborated by the ocular evidence. 9. PW7 Kuwar Singh, who is also eye an witnesses has stated that the appellant struck a blow with ballam in the stomach of the deceased, due to which his intestine came out of the stomach and fell down. He has further stated that Devi Singh was taken to the hospital, where his statement was recorded by PW5 B.P. Chaturvedi, Naib Tahsildar. Whereafter, he was referred to Raisen hospital, where he succumbed to his injuries on the next day. PW8 Kalyam Singh, PW9 Gutai, who are also the eye witnesses have given statements to the same effect. These witnesses have remained quite consistent in their testimony despite their extensive cross-examinations. 10. In view of the facts and circumstances of the case and the clear, reliable and unimpeachable statements of PW7 Kuwar Singh, PW8 Kalyan Singh and PW9 Gutai and the medical evidence alongwith the dying declaration, we do not find any illegality or perversity in the finding of guilt recorded by the trial Court. 11. Accordingly, the appeal filed by the appellant is dismissed. The conviction of the appellant under section 302 of the IPC is affirmed and upheld. The appellant, who is in jail shall remain incarcerated to undergo the remaining part of the jail sentence. 12. A copy of this judgment be sent to the M.P. High Court Legal Service Committee, Jabalpur for necessary information.