BASUDEO SINGH Vs. STATE

JUDGEMENT

(1.) AT the police station situated at a distance of 6 miles from the place of occurrence, a First Information Report was lodged at 5-45 A.M. on 20-3-1976 saying that the nine accused entered the house of Smt. Inderpari at 3 AM. in the preceding night, lifted her out to a field and held down her feet and hands and cut her throat by a Gandasa, resulting in her death. Active role was assigned to four of the accused. They and their weapons are Santoshi (Gandasa), Hira Singh (Spear), Parmeshwar (Kanta) and SaliK (Lathi). Rest were armed with lathi or spear. The Station Officer made a prompt and usual investigation. Ultimately, nine accused were prosecuted. The Sessions court found ail the nine persons guilty under section 302 read with section 149 IPC and sentenced them to undergo imprisonment for life. Besides this, accused Satyadeo Singh, Jagdeo Sidgh, Chunmun Singh and Salik were convicted under section 147 IPC and sentenced to undergo rigorous imprisonment for one year and the remaining accused were convicted under section 148 IPC. As well and they were sentenced to undergo rigorous imprisonment for two years. It is against this judgment that the present appeal has been filed by all the nine accused.

(2.) THE post-mortem examination was_ performed over the dead body. THE injury found was an incised wound on the neck' 13 cm x 5 cm vertebrae deep, starting from 2 1/2 cm below the angle of mandible of right side extending infront of neck and going to left side to the posterior lateral aspect of neck at the level of clavical vertebrae between III and IV. All the blood vessels, muscles, veins and tissues inside the aforesaid injury were cut. Left carotid artery and left side of oesophagus and trachea were also cut. Semi- digested material about 3 ox. was present in stomach; small intestines were half full with faecal matter and large intestines were full with it; bladder was empty. Shock and haemorrhage as a result of antemortem injury caused death.

(3.) THUS all the prosecution witnesses are interested By way of abundant caution, the accused to whom active role has not been assigned and regarding whom only this much has been said that they were accompanying the persons who actually caused the murder, the benefit of doubt may be given as there is scope for the argument that it is not safe to rely on their, interested evidence. The accused are Basdeo Singh, Sahdeo Singh, Satyadeo Singh, Jagdeo Singh and Chunmun Singh. Their appteal may be allowed and they may be acquitted of the offence.