JUDGMENT

Singh, J. -- 1. Both these criminal appeals (Cr.Nos.1250/1996 & 1313/1996) have arisen out of judgment of conviction dated 30.7.1996 passed by the learned 10th Additional Sessions Judge, Jabalpur in Sessions Trial No.207/94 [State of M.P. v. Buddhu and three others], therefore, they were heard analogously and are being decided by this common judgment.

2. As per prosecution story, on 08.4.1993 at about 08.45 am the appellants/accused persons abused Nanku by hurling filthy words, and thereby, causing irritation and also committed murder of deceased-Nanku in public place near Panchayat Bhawan in village Karhaiya, P.S. Belkheda, District Jabalpur. In furtherance of common intention alongwith co-accused persons and in the same incident tried to commit murder of PW.1-Kandhilal and PW.2-Tattu. Therefore, accused persons were charged for offences under sections 294, 302, 307 r/w 34 (2 counts) of Indian Penal Code.

3. Admitted facts before the trial Court were that deceased-Nanku, PW.1-Kandhilal and PW.2-Tattu are real brothers. Kanta Bai (PW.3) is wife of Tattu (PW.2).

4. Prosecution story is that on 8.4.1993 at about 08.45 am deceased-Nanku took his buffaloes to have drinking water in front of government handpump situated near Panchayat Bahwan and he tried to dig a pit for the same purpose. Accused-Buddhu objected and said that this water is used by them for the purpose of preparation of bricks. Meanwhile, accused No.2 (Birju), accused No.3 (Munna) and accused No.4 (Imrat) also arrived at the spot. Appellant/accused (Buddhu) was having an axe and rest of the accused persons were having ‘lathi’ and ‘parena ’. All the accused persons thrashed Nanku. Accused-Buddhu gave axe blow on the head of Nanku and rest of the three accused persons gave ‘lathi’ blows. When PW.1-Kandhilal tried to intervene the accused persons also assaulted and caused injuries to him with lathi. The accused persons also assaulted and caused injuries to PW.2-Tattu who came to intervene. The incident was seen by PW-3/Kanta Bai, wife of Tattu. After accused went away, seriously injured Nanku was taken by PW.1-Kandhilal and PW.2-Tattu to the Police Station, Belkheda. There, Nanku lodged an F.I.R. (Exhibit-P/25). The Police Station, Belkheda registered the case and sent the injured persons Tattu and Kandhilal for medical examination to Belkheda Hospital where Assistant Surgeon H,M.Wadhwani (PW.4) examined Nanku, PW.1-Kandhilal & PW.2-Tattu. Their medical examination reports are Exhibits-P/8, 11 & 7 respectively. During treatment at Belkheda Hospital injured-Nanku expired at 12.45 pm, therefore, vide intimation (Exhibit-P/10) Dr.M.H.Wadhwani informed the Police Station, Belkheda who registered Merg vide Exhibit-P/24 and prepared ‘panchayatnama’ Exhibit-P/6. Dr.R.K.Mishra (PW.9) conducted postmortem of the body of deceased-Nanku and submitted post-mortem report (Exhibit-P/23), in which it is mentioned that cause of death of deceased-Nanku is due to injuries over vital parts head and spleen.

5. During investigation Police inspected the place of incident and collected blood soaked soil and normal soil and ‘panchnama’ (Exhibit-P/13) was prepared. Acccused-Buddhu was taken into custody and questioned and on his information memorandum (Exhibit-P/15) an axe was seized vide seizure memo (Exhibit-P/3). Similarly, on the information of accused-Birju memorandum (Exhibit-P/16) ‘lathi’ was seized vide seizure memo (Exhibit- P/4). On the memorandum of accused-Munna, Exhibit-P/14 ‘lathi’ was seized vide seizure memo Exhibit-P/1. On the memorandum of Accused- Imrat Exhibit-P/17, ‘lathi’ was seized from him vide seizure memo Exhibit-P/2. The seized soil from spot, arms and clothes of deceased were sent to Forensic Science Laboratory for chemical examination. Report received from there is Exhibit-P/27, according to which soil (article–A), clothes of deceased Kurta (article C-1) and Bandi (article C-2) have human blood. Similarly, ‘lathi’ (article–D) seized from accused-Birju, art