The court upheld the conviction of Anokhilal for culpable homicide based on substantial evidence, while acquitting other accused due to lack of proof of participation.

JUDGMENT

S.C. SHARMA, J.

The appellants have filed this Criminal Appeal under Section 374 of CRIMINAL PROCEDURE CODE , 1973 (in short Cr.P.C.) being aggrieved by the judgment of conviction and sentence dated 24.12.2004 passed by the learned Additional Sessions Judge, Kannod, District Dewas, whereby the appellants have been convicted for the offences punishable under Sections 147 , 148, 304 (II)/149, 323/149 of the I.P.C. and have been sentenced to undergo 1 year R.I., 1 year R.I. 10 years R.I. 1 year R.I. with fine of Rs.1,000/-, Rs. 2,000/-, Rs. 15,000/-, Rs. 1,000/- respectively with default stipulation.

2. The prosecution story in short is that one Sangeeta Bai (daughter of the appellant – Rajaram) got sick and the appellants suspected that Kanhaiyalal and his wife Ayodhyabai practised witchcraft, because of it, Sangeeta Bai became unwell and on 20.04.2003 at about 07:00 pm, when Kanhaiyalal and his wife Ayodhyabai, daughter – Prembai, Sewantibai, grandson – Fagu and Mahesh were discussing the aforesaid issue with each other in their house, appellants – Anokhilal, Rajaram, Babu, Dayaram, Jagdish, Kanhaiya, Laxmibai, Mukesh and Vinod armed with deadly weapons, entered into the house of Kanhaiyalal and they assaulted him by stick and Tangiya (axe) due to which he sustained injuries over his both hands and legs. When Ayodhyabai, Prembai, Fagu and Mahesh tried to save Kanhaiyalal, then accused persons also caused injuries to them. Thereafter, accused persons fled away from the spot. Injured Kanhaiyalal was taken to the Police Station – Khategaon, where he lodged a complaint, on the basis of which, police registered a FIR bearing Crime No.145/2003 for the offence punishable under Section 452, 307, 147, 148 and 149 of I.P.C. against the appellants. Police sent the injured persons to the hospital for medical examination. Police visited the spot and prepared the spot map i.e. Ex-P/39. Police also recorded the statement of injured persons and other witnesses. Injured Kanhaiyalal was referred to the M.Y. Hospital, Indore for treatment. During the treatment, he died on 01.05.2003. After receiving the information regarding his death, Police Station – Sayogitaganj, Indore registered a merg intimation under Section 174 of the Cr.P.C. and prepared the dead body (lash) panchanama of the deceased. Thereafter, dead body of Kanhaiya Lal was sent for postmortem. Merg diary was forwarded to the police Station Khategaon, which led the police to add offence under Section 302 of the I.P.C against the appellants. Police arrested the accused persons and various articles were recovered of their instance. Police also collected bloodstained and sample soil from the spot. Police sent the seized property to FSL for chemical analysis. After completion of the investigation, charge-sheet was filed.

3. The accused persons pleaded not guilty and they took a plea that they are innocent and have been falsely implicated in the matter. In their defence, they have not examined any witness.

4. The trial Court after considering the evidence adduced by the parties, convicted the appellants and sentenced them as mentioned above.

5. Heard learned counsel for the parties and perused the record.

6. Ayodhya Bai (P.W-1) stated that on the date of occurrence of the crime, she was at her home along with her husband and children. At about 07:00 pm, when they were having their dinner at the same time, the accused persons entered into their house and assaulted them. The accused Anokhilal was armed with tangiya (axe) and gave a blow by tangiya on her leg. Lachhi gave a blow by stick. Accused Anokhilal assaulted Kanhaiyalal by