RANJIT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Delay condoned.

(2.) On 09th October, 1994 at about 8.30 a.m., a First Information Report (FIR) was lodged by one Nagu, father of one of the deceased Bhanwar Lal and the cousin of the second deceased Ram Lal, before the Officer-in-charge of Maksi Police Station in relation to an incident which had taken place at village Merukheri at about 2 or 2.30 a.m. on the said date. The prosecution case appears to be that Sagai ceremony had been performed for marriage of the appellant herein with Sitabai, P.W. 16. However, her father refused to solemnize the said marriage as he had learnt that Ranjit was already married. Sitabai was married to Bhanwarlal. Bidai ceremony took place a few days prior to the date of incident. In the FIR, it was stated by P.W.3-Nagu, that as Sitabai (P.W.16) was not keeping well she slept with his wife Kamlabai and daughter Sulantabai whereas Bhanwar Lal was sleeping in the next room. At about 2 or 2.30 a.m. on the intervening night of 8/9th October, 1994, accused No.1 Sidhnath, his son Ranjit, the appellant herein and some other persons knocked at the door of the first informant. On the door being opened, the first informant was asked by the accused in regard to the whereabouts of Bhanwar Lal to which he replied that he was outside the house. Then, they shouted calling Bhanwar Lal and when he came out, he was assaulted with swords and pharsi by the accused persons. Ram Lal, his cousin came out to protect Bhanwar Lal whereupon he was also assaulted with swords and pharsi. As a result of the assault, both of them died on the spot. Accused thereafter fled away. P.W.16 Sitabai, however, stated that apart from Sidhnath and the appellant, a few more persons took part in the incident. Upon conclusion of investigation, altogether six persons were sent for trial for offence under Sections 147, 148, 149 and 302 of the Indian Penal Code. Before the learned Sessions Judge, apart from other witnesses, P.W. 3-Nagu, P.W.4-Kamla Bai, P.W.5-Teju Bai (wife of deceased Ram Lal) and P.W.16-Sita Bai (wife of deceased Bhanwar Lal) were examined as eye witnesses. The learned Trial Judge believed the statements of all the eye witnesses. He held the named accused Sidhnath, Ranjit as also Jagdish, i.e., accused Nos.1, 2 and 4 respectively had committed the offence of murder of deceased Bhanwar Lal and Ram Lal. During the pendency of the trial, Jagdish and Sidnath died. The learned Trial Judge held only surviving accused, viz., the appellant herein, guilty of commission of the offence under Section 302 and sentenced him to undergo rigorous imprisonment for life.

(3.) An appeal was preferred by the appellant before the High Court. Although the High Court did not place reliance upon the evidence of Teju Bai-P.W.5, agreeing with the findings of the learned Trial Judge, it dismissed the appellants appeal.