NARAYAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals are directed against a judgment of the Madhya Pradesh High Court convicting the appellants under Ss. 148 and 302 read with S. 149 of the Indian Penal Code and sentencing them to imprisonment for life.

(2.) By our Order dated 12th July 1985, we had dismissed the appeals. We now proceed to give reasons for our Order.

(3.) The facts of the case have been detailed in the judgments of the Sessions Judge and the High Court and it is not necessary for us to repeat the same all over again. It appears that there was a chronic land dispute between Bhojraj (deceased) and the appellants so much so that Bhojraj had to enlist the services of one Abbas (PW 11) to accompany him wherever he went so as to guard him against assault. This means that the deceased expected serious threat to his life from the appellants due to the aforesaid enmity. On October 5, 1971 at about 2.30 p.m. while Bhojraj was proceeding, towards his village, accompanied by PW 11, the appellants reached the place of occurrence along with 5-6 persons and assaulted Bhojraj with swords and farsis as a result of which Bhojraj succumbed to his injuries. PW 1, who was not an eye-witness, on hearing of the incident reached the police station at 4.30 p.m. and lodged a FIR. The distance of the police station from the place of occurrence was about 10 miles. As the incident took place at about 2.30 p.m. and the report was lodged within two hours, there can be no doubt that the report was made promptly and, therefore, the question of concocting the case cannot possibly arise.