The main legal point established in the judgment is the reliance on consistent witness testimony, prompt reporting and examination of injuries, and medical evidence to establish guilt, while dismissing claims of false implication and inconsistencies.

JUDGMENT :

This criminal appeal has been preferred under section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 8-4-1993 passed by the II Additional Sessions Judge, East Nimar, Khandwa in Sessions Trial No. 51/92 whereby the appellants Guddu @ Satyanarayan and Prabhudayal were convicted under section 325, Indian Penal Code, appellants Kanak Singh and Vijay Singh were convicted under section 325/34, Indian Penal Code and sentenced to R.I. for 3 years each with fine of Rs. 100/- in default R.I. for one month each. Further appellant Prabhudayal is convicted under section 323 of Indian Penal Code and Kanak Singh and Vijay Singh under section 323/34, Indian Penal Code and sentenced to R.I. for 6 months each. The sentences are directed to run concurrently.

2. The prosecution case in brief is that the complainant Kedar Singh of Village Lodhasatri on 14-11-1991 at 1:00 p.m. had gone with his wife Kamla Bai and son Bhuru @ Vinod Kumar at his field to collect the stones. His servant Tulsiram Lauwanshi was also collecting the stones. His son Poonamchand was grazing the cattle nearby. His brother Sumer Singh was irrigating the field. The incident is of 3:00 p.m. of that day. The appellants came there. Vijay Singh was armed with axe and others with wooden planks (stick). Kanak Singh asked him as to why he ran over the bullock-cart over the irrigation pipe which has now been broken. The complainant said that the irrigation pipe was inside the ground. The bullock-cart was vacant and also lifted there. Kanak Singh threatened to kill him. He inflicted the stick blow at his neck consequently he fell down. Vijay Singh inflicted axe blow at his head thereby the bleeding started. Prabhudayal and Guddu @ Satyanarayan also inflicted stick blows and when his son Bhuru @ Vinod Kumar came to intervene Prabhudayal and beat him with stick. His son sustained the injury on right hand, forehead and chest whereas he himself sustained the injuries in his chest, head and right hand wrist. He was saved by Tulsiram and Sumer Singh and brought to police station Harsood where he lodged the F.I.R. His clothes were seized. The spot map was prepared. The complainant and his son Bhuru @ Vinod Kumar were referred to medical examination. They were examined on 15-9-1991 by Dr. Surendra Kumar Shukla. The reports Ex.P/4-A and Ex.P/5-A were submitted. He was advised for x-ray. Dr. D. R. Bhatiya took his x-ray of skull, right forearm and chest. He did not find any injury in skull and right forearm but fracture of sixth rib was found. X-ray report and x-ray plate were submitted. The accused persons were arrested. Their memorandum statement were recorded under section 27 of Indian Evidence Act. The weapons of offence were recovered upon their information. The query was made from Dr. Surendra Kumar Shukla by sending the seized axe that whether the injury to Kedar Singh may be caused by this weapon. He answered positively and also opined that the injury of the head may be dangerous to life. The statements of witnesses were recorded under section 161 of Criminal Procedure Code. After completing the investigation, the charge-sheet was filed before Judicial Magistrate First Class, Harsood. The Criminal Case No. 7871/91 was registered. The case was committed to Sessions Court on 6-2-1992.

3. The appellant Kanak Singh and Guddu @ Satyanarayan were charged under sections 307/34 and 323/34, Vijay Singh under section 307 and section 323/34 and Prabhudayal under section 307/34 and section 323 of Indian Penal Code to the effect that on 14-11-1991 at 3:00 p.m. at village Lodhasatri Vijay Singh inflicted axe blow with such intention or knowledge and under such circumstances in furtherance of common intention of all that if by act he had caused the death of Kedar Singh he would have been guilty of murder and thereby committed the offence under sections 307, 307/34 of Indian Penal Code respectively. They were further charged that on the same