JAI NARAIN MISRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals by special leave arise from Sessions Case No. 111 of 1964 in the Court of Additional Sessions Judge, Poona. In that case four persons, namely Vijaysing Ansaram Pardeshi (A- 1) ; Assaram Vithalsing Pardeshi (A-2) ; Sitaram Vithalsing Pardeshi (A-3) and Ramesh alias Ramakant Vishwanath (A-4) , were tried for an offence under Section 302 read with Section 34. Indian Penal Code for causing the murder of one Madan. Further A-3 was tried for an offence under Section 324, Indian Penal Code for causing an injury with a knife to witness Ambaji. The trial Court acquitted A-2 and A-4 and convicted A-1 and A-3 under Section 302/34. Indian Penal Code for which offence they were sentenced to suffer imprisonment for life. A-3 was also convicted under Section 324, Indian Penal Code and for that offence he was sentenced to suffer rigorous imprisonment for four months. The two sentences imposed on A-3 were ordered to run concurrently. The convicted accused appealed to the High Court of Bombay. The State of Maharashtra appealed against the acquittal of A-2. The acquittal of A-4 was not challenged. The High Court dismissed the appeal filed by A-1 and A-3 and allowed the State appeal and convicted A-2 under Section 302/34. Indian Penal Code, and sentenced him to suffer imprisonment for life. Criminal Appeal No.168 of 1967 has been filed by Asaram Vithalsing Pardeshi (A-2) and Sitaram Vithalsing Pardeshi (A-3) and Criminal Appeal No. 48 of 1968 has been filed by Vijaysing Asaram Pardeshi (A-1) .

(2.) A-2 and A-3 are brothers. A-1 is the son of A-2. A-4 is said to be a friend of A-1, P, W. 5, Shakuntala is the sister of P. W. 11 Dnyanoba. Deceased Madan is said to be an intimate friend of Dnyanoba. At about the time of the occurrence P. W. 5 Shakuntala was staying in her parental house as she had come there for delivery. P. Ws. 5 and 11 were living with their parents in a tenement adjoining the house of A-2 in Poona City, it is admitted that there used to be constant quarrels between the families of P. W. 5 and that of A-2. The further case of the prosecution is that a few days before the occurrence, there was a quarrel between A-1 and his father and at that time attracted by the cries of A-2, P. W. 5 went near their room. Angered by the intrusion of P. W. 5, it is said A-1 came and slapped her. When she complained about this matter to her brother P. W. 11, he asked her to take it easy. On the date of the occurrence namely on August 7, 1964, the deceased Madan and A-4 came to the house of P. W. 5. At that time P. W. 5 complained to Madan about the conduct of A-1. Madan questioned A-1 about it. Then hot words were exchanged between Madan and A-1. A little later A-3 came out and called out A-1 saying that the deceased Madan, P. W. 11 Dnyanoba and P. W. 7 Ambaji were near the urinal. On hearing that A-1 rushed out with a barchhi in one hand and knife in the other. Seeing the commotion. P. W. 5 went out of the house. Near the urinal which was very near the house of P. W. 5, there was a fight between Ambaji and A-3. At that stage A-3 snatched the knife from the hands of A-1 and stabbed Ambaji on the buttocks. This was at about 10 p. m. Seeing this incident Dnyanoba and Madan ran away from the place and it is said that the four accused chased them and caught hold of Madan at a place known as Phulwala Chowk. At that time A-1 stabbed Madan twice on his chest. On receiving these blows Madan fell down dead. Thereafter all the accused ran away from the place but on the way they were stopped by some police officers on patrol duty. A-1 to A-3 were taken into custody and later on produced before the Station House Officer. P. W. 5 on seeing that her brother and Madan were being chased is said to have followed them and saw the incident at Phulwala Chowk. After the accused ran away from the scene, she went near Madan and found him dead. At that time she found a barchhi fallen in a pool of water. She picked up that barchhi and proceeded to the police station direct and laid the First Information Report. The First Information Report in the case was laid at about 11 p. m. In the First Information Report the entire prosecution case has been set out. A-1 to A-3 were produced in the Police Station at about 11.15 p. m.

(3.) It is seen from the medical evidence that the deceased had sustained as many as six incised injuries. They are: