DARYAO SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has been convicted under S. 302/34, IPC, for causing the murder of one Nagji, son of parthesingh, of village Menkhedi. The prosecution case was that the family of the appellant and the family of the deceased were at loggerheads since quite some time and there was bad blood between them. In 1967, Bhowansingh, a member of the complainant's family is stated to have been murdered by the appellant's party. Thereupon, the deceased along with others is stated to have fatally assaulted Bhagwansingh and bahadursingh and inflicted grievous injuries on Govardhansingh. These three are none other than the sons of the appellant. The deceased and his companions were, however, acquitted. It is said that the appellant, daryao Singh was, therefore, keen to avenge the deaths of his sons. As a sequel to the earlier incident, it is said that the incident in question occurred on 25/09/1970 at about 4 p. m. The fact that the relations between the two families were strained is, therefore, not in dispute.

(2.) On 25/09/1970, the deceased, Nagji, was working in his field along with his son Public Witness 4 - Bhanwar Singh. At that time the appellant went there in the company of Nagusingh, Govardhansingh and bapusingh. Nagusingh was armed with a gun and a stick with dharia like blade, Govardhansingh was armed with a similar weapon, the appellant was armed with a sword and Bapusingh possessed a gun. They launched an attack on the deceased Nagji whereupon the latter raised an alarm which attracted the attention of Public Witness 1 Berusingh and Public Witness 3 - bhuwan Singh, who were working in the adjacent field. They reached the spot and witnessed the incident. On their raising a hue and cry, the appellant and his companions fled away. Public Witness 4 had run away frightened when a shot was fired at him. The deceased, Nagji, sustained serious injuries on the head and his right leg was cut into two. PWs 1 and 3 went in search of Public Witness 4 but on the way met two police constables Public Witness 8 - chhotelal and Public Witness 10 Itratkhan. They narrated the incident and disclosed the names of the assailants to them. All the four returned to the place of occurrence, placed Nagji in a cart and proceeded towards the police station. But the injured passed away on the way. The dead body appears to have been taken to the hospital on the next day at about 5.20 p. m. Public Witness 2 Dr Sharma, performed the post-mortem examination on 27/09/1970 at about 7 a. m. Except the appellant the rest of the assailants could not be put to trial as they were reportedly absconding.

(3.) The prosecution mainly relies on the evidence of PWs 1, 3 and 4. In addition, the prosecution seeks corroboration from the evidence of the two Police Constables PWs 8 and 10 to whom the names of the assailants were disclosed immediately after the incident. Public Witness 8, however, turned hostile and was permitted to be cross-examined by the learned public Prosecutor. This, in brief, is the prosecution evidence against the appellant.