MADRU SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two criminal appeals by special leave are filed by A-1 to A-4 and A-6 against a common judgment dated July 30, 1992 passed by the High Court of Madhya Pradesh, Jabalpur Bench at Indore. All the appellants under the impugned order stood convicted for an offence punishable under Sections 148 and 302/149 of the Indian Penal Code for which they were sentenced to suffer two years rigorous imprisonment and imprisonment for life respectively.

(2.) The appellants along with Bhagirath (A-5) and Bali Ram (A-7) were tried for an offence punishable under Sections 148, 302/149 and 324/149 of the Indian Penal Code for committing the murder of Peera Singh. Bhagirath (A-5) died during the pendency of trial and hence, trial abated against him. Bali Ram (A-7) was acquitted of all the charges by the High Court. Peera Singh (since deceased) was the resident of village Kalmer in district Indore (M.P.). Peera Singh suspected that his first wife was abducted by Bhagirath (A-5 since dead) which led to the incident of assault on Bhagirath by Peera Singh and his two associates, namely, Amba Ram and Hari Das. As a result of this assault, Bhagirath sustained serious injuries on his leg which was ultimately required to be amputated. For that crime, all three accused persons were tried and convicted under Section 307 of the Indian Penal Code and each one of them was sentenced to suffer rigorous imprisonment for three years. After undergoing the said sentence, Peera Singh and others came out of jail. This was a cause for enmity between them. It was alleged by the prosecution that Bhagirath and his companions were waiting for an opportunity to take revenge on Peera Singh and ultimately on 7th August, 1984 at about 4.00 p.m., the appellants and two other accused persons picked up a quarrel with Peera Singh when he was returning on a bicycle with his wife Ram Kanya (PW 1) from Hatod to his village Kalmer. Shanker Singh (A-2) obstructed Peera Singh near village Kankad and thereafter Kamal Singh (A-3) assaulted Peera Singh on his neck by sword. Peera Singh and his wife fell down. Madru Singh (A-1), Mangi Lal (A-4) and Deokaran (A-6) who were hiding at a short distance reached the place of assault with weapons in their hands. Peera Singh and his wife anticipating danger to their lives started running towards the field of Bhagirath. All the appellants chased them and after overpowering Peera Singh, he was dropped on the ground in the field of Bhagirath. A-1 and A-3 were armed with axes. A-6 was armed with farsi. In the meantime, A-7 appeared on the scene of occurrence with lathi and knife. A-5 (since deceased) exhorted the appellants to chop off the head of Peera Singh. Ram Kanya (PW 1) tried to intervene and requested them to spare her husband but appellants did not pay any heed to her request but on the contrary they assaulted Ram Kanya (PW 1). While the assault was going on, a Matador was passing by the road. Ram Kanya (PW 1) gave a signal to the driver of the Matador to stop which in fact stopped. Goverdhan (PW 2), Rameshwar, Sunder (PW 8) and Hari Dass (PW 4) who were the occupants of the said Matador got down therefrom. The appellants finding that some persons had arrived at the scene of occurrence, fled away. Ram Kanya (PW 1) then requested the occupants of the Matador to help her in carrying the injured to the police station at Hatod. While carrying the injured Peera Singh to the police station at Hatod, he died on the way before they reached the police station. The statement of Ram Kanya (PW 1) was recorded by the Station House Officer on 7th August, 1984 at 6.00 p.m. After registering the FIR of Ram Kanya (PW 1) at about 6.00 p.m., the dead body of Peera Singh was sent to the Primary Health Centre. Hatod, Dr. Kochar (PW 5), Medical Officer held the autopsy on the dead body of Peera Singh on 8th August, 1984 and found as many as 14 incised injuries on the dead body. The cause of death as mentioned by Dr. Kochar was due to excessive haemorrhage and shock on account of incision carotid vessels and jugular veins. In the meantime, the investigating officer carried out the investigation and after completing the same, as stated earlier, seven accused persons were put up for trial for the offences punishable under Sections 147, 148, 302/149 and 324 of the Indian Penal Code.

(3.) The appellants denied the charge and claimed to be tried. According to them, they have been falsely implicated due to enmity. A-1 and A-2 took up the plea of alibi and in support thereof they examined Moti Lal (DW 1) and Ganga Ram (DW 2). All the accused pleaded that they are innocent and they be acquitted.