BABOO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) hese two appeals arise out of the same judgment of the High Court of Madhya Pradesh wherein a Division Bench confirmed the conviction of the three appellants herein for the offence of murder. In all five accused were tried under Section 302 / 149, I. P.C. and the trial Court convicted all the five accused and sentenced each of them to undergo imprisonment for life. In appeal, the High Court set aside the conviction of the accused Durjan and Pooran and altered the conviction of the remaining three accused namely the appellants herein to one under Sections 302/34, I.P.C. The sentence of imprisonment for life was, however, confirmed. Accused Mulayam Singh has preferred Criminal Appeal No. 23 /83 and accused Baboo and Rajju have preferred Criminal Appeal No. 635/84.

(2.) The prosecution case is that Durjan, one of the accused and Chauda, the deceased were on inimical terms because of some land dispute. On 26-12-78 the deceased and his wife Ram Toriya, P.W. 2 went to their field to dig Kandi In the afternoon at about 2.30 p.m. the five accused came there armed with axes and lathis and inflicted blows on the deceased who raised an alarm which attracted the attention of P.W. 2 who was at a distance of 10 to 15 paces. P.W. 2 saw Durjan, Pooran and Baboo grappling with the deceased and Mulayam Singh and Rajju giving him axe blows. Both the hands of the deceased were chopped off. P.W. 2 raised an alarm and hearing the same Man Singh, P.W. 3 and Suke, P.W. 10 came there and they also saw the accused assaulting the deceased. P.W. 3 went to the village and informed Halku, P.W. 1 who came to the scene of occurrence and saw the deceased who was still conscious and is alleged to have mentioned the names of his assailants. Halku, P.W. 1, however, met the Sub-Inspector in the evening at the Bus-stand and orally informed him about the occurrence. The Sub-Inspector came to the village and interrogated witnesses. The next day morning a recovery report was given which was treated as FIR in the case. The inquest was held over the dead body and the same was sent for Post-mortem. The Doctor found a number of injuries and opined that the death was due to excessive haemorrhage due to the injuries.

(3.) The prosecution case mainly rested on the evidence of P.Ws 2, 3 and 10. It was contended before the courts below that the F.I.R. is inadmissible as it was recorded during the course of investigation and therefore it has no corroborative value. The courts below, however, held that the evidence of P.Ws. 2, 3 and 10 is more than sufficient to prove the occurrence. The High Court, however, acquitted Durjan and Pooran on the sole ground that page No. W. 10, one of the eyewitnesses did not say that they were also attacking the deceased. So far as the present appellants are concerned, the evidence of P.Ws. 2, 3 and 10 is found to be consistent.