Minor inconsistencies in eyewitness testimony do not undermine the overall credibility of the case, particularly when witnesses have sustained injuries and evidence reflects a disproportionate response by the accused in self-defense.

JUDGMENT :

DEEPAK KUMAR AGARWAL, J.

1. Present Criminal Appeal u/s 374 of CrPC has been preferred by aforesaid appellants, challenging the judgment of conviction and order of sentence dated 26-12-2000 passed by Additional Sessions Judge, Ganj Basoda, District Vidisha (MP) in Sessions Trial No.109 of 1998, whereby appellants have been convicted under Section 148 , 302/149, 323/149 of IPC (on three counts) and sentenced to undergo one year RI under Section 148 of IPC, rigorous Life Imprisonment with fine of Rs.200/- under Section 302 /149 of IPC and further, sentenced to undergo six months' RI under Section 323 /149 of IPC. All sentences have been directed to run concurrently.

2. In brief, prosecution case is that complainant Bhagwan Singh (PW6) lodged a report at Police Station Basoda, District Vidisha stating therein that he is doing farming and yesterday i.e. 16-12-1997 his sons, namely, Guddu (PW1) and Balveer (PW5) had gone for gazing cattle and since it was too cloudy in the evening, his sons could not able to return home in time, therefore, his elder brother Majbhoot Singh had gone to bring them with him. Accused Rajmohan, Sumer Singh, Viren alias Virendra Singh, Prahlad Singh, Karan Singh, Pappu and Toppa of his Village were already hiding themselves in the bushes on the way. As soon as they left from there, without saying anything else, accused Rajmohan gave a blow on the head of complainant Bhagwan Singh by means of Katarna (a sharp-cutting weapon) due to which, he fell down on the spot. Thereafter, accused Karan Singh and Viren alias Virendra Singh also gave blows of Katarna on his elder brother Majbhoot Singh. On hearing hue and cry, his sons Guddu and Balveer who had gone for gazing the cattle, reached there with whom accused Sumer, Prahlad, Pappu and Toppa also committed marpeet by means of Katarna and lathi as a result of which they had also sustained injuries. Thereafter, all the accused persons fled away from the place of occurrence. Sambhu Singh (PW7) and Kamar Singh of his village picked up his elder brother Majbhoot Singh to home where he was declared dead. It is further alleged that one day before incident, accused persons had gone for grazing the cattle to the field of complainant party and on account of this, there was a quarrel took place between the complaint party and the accused party. On the basis of information of complainant Bhagwan Singh, an FIR Ex.P4 was lodged at Police Station Basoda, District Vidisha at around 05:20 in the morning on 17-12- 1997. Police prepared Panchanma of the dead body of deceased Majbhoot Singh and thereafter, it was sent for postmortem. As per autopsy report, the cause of death of deceased Majbhoot Singh was found to be due to shock and haemorrhage as a result of injury to the vital part of his brain and lung.

Injured Guddu, Balveer and Bhagwan Singh were also medically examined. Tyonda Police during investigation prepared a spot map and collected blood-stained and plain soil from spot. Viscera of deceased as well as blood-stained clothes were preserved for examination. Accused were arrested. Lathi from the possession of accused Sumer Singh, Prahlad Singh, Toppa, Pappu alias Toran Singh and Katarna (sharp-cutting weapon) from the possession of accused Rajmohan and Karan Singh were also seized. Statements of the witnesses were recorded. The seized articles were sent for chemical examination. After completion of investigation and other formalities, charge sheet was filed before the Court of JMFC from where the case was committed to the Sessions Court for its trial. Accused abjured their guilt and pleaded complete innocence. They pleaded that they have been falsely implicated. Accused Prahlad, Viren alias Virendra and Pappu in their defence stated that they were not present on spot at the time of occurrence. In order to prove charges, the prosecution examined as many as 19 witnesses whereas, in order to lead their evidence accused examined Dr.BP Sharma, Dhiraj Singh and Raees as