Aniruddha Singh & Ors vs State Of M.P

2. On 1st August, 1991 at about 6.00 p.m. Dharmendra Singh PW 2 and Rajendra Singh, Bhawar Singh, Ram Chandra Singh, Mandatar Singh, Mahendra Singh and Krishna Kunwar Bai and her husband Dhyanpal Singh deceased having taken their buffaloes for grazing were returning to the village. As they reached near the field 2 known as `Goyrawali Beed', the accused armed with Dhariyas, Farsis, Swords, and lathies surrounded them. Anirudha Singh Patwari exhorted the other accused to kill Dhyanpal Singh and on his exhortation, Pradyumna Singh inflicted an injury with his sword on Dhyanpal Singh and Narendra Singh (since acquitted) caused a Dharia blow on his person whereas Anand Singh caused an injury with a Farsi whereas all the other accused Surendra Singh, Balram Singh, Manohar Singh, Pratap Singh, Krishna Singh caused injuries with lathies. Dhyanpal Singh fell on the ground bleeding profusely. At that moment his son, PW 2 Dharmendra Singh, and one PW 14 Poona Balai also reached the spot and on account of the noise raised by them PW 5 Mandatar Singh and Gopal Singh also rushed that side. Dhyanpal Singh was taken in a tractor belonging to PW 11 Mahendra Singh towards the hospital but he succumbed on the way. PW 1 Krishna Kunwar Bai, the wife of the deceased, thereupon went on to the Police Station along with her son Dharmendra Singh and lodged the First Information 3 Report at 8.45 p.m. The police then reached the place of occurrence and made the necessary inquiries. The Trial Court found that Anand Singh, one of the accused was a Juvenile and his case was accordingly transferred to the Juvenile Court whereas the other accused were brought to trial. The Trial Court examined the evidence in extenso and observed that both the parties i.e. accused as well as the victims were very close relations of each other, Dhyanpal Singh deceased being the real brother of accused Aniruddha Singh. The Trial Court then assessed the prosecution evidence and observed that there was no reason to disbelieve the four eye witnesses who had supported the prosecution version and that their evidence was also corroborated by the medical evidence inasmuch as the injuries found on the dead body could have been caused with the weapons allegedly used by the accused. The Trial Court further observed that as the enmity between the parties appeared to have been long festering as the dispute with regard to the two bighas of land which Dhaynpal Singh claimed as his own 4 but was disputed by his brother and nephew, it was appropriate that an assessment be made with regard to the involvement of each of the accused. The Trial Court, thereafter, on a minute examination, held that as the four eye witnesses were not unanimous with respect to the exact role of the some of the accused, they were entitled to the benefit of doubt and having so observed acquitted accused Balram Singh, Krishna Singh, Narendra Singh and Surindra Singh but convicted the present appellants for offences under Sections 302/149 IPC and sentenced them to undergo imprisonment for life and a fine of Rs.5000/- each and in default of payment of fine to undergo rigorous imprisonment for two years. The High Court in appeal confirmed the judgment of the trial court. It is in these circumstances that the present appeal has been filed.

(5) Deformity with swelling 6" x 4" area middle of left fore arm. Fracture of radius and ulna shaft.

9. We are, therefore, of the opinion that there is no merit in this appeal and it is accordingly dismissed.