STATE OF MADHYA PRADESH Vs. SARNAMSINGH

JUDGEMENT

(1.) speaking for the Bench.The Death Reference alongwith above appeals are decided by a common judgment.

(2.) Learned Sessions Judge Dewas has made a death reference in view of provisions of Criminal Procedure Code, 1973 (hereinafter referred to as Code for convenience). Accused Sarnamsingh, Shivrajsingh and Tikaram have preferred appeal assailing their conviction and sentence for offences punishable under provisions of Ss. 302 r/w 149, 395 r/w 397, 396, 307 r/w. 149 of IPC. They have also appealed against the sentence inflicted on them for the offences mentioned above for which they have been held guilty by the learned Sessions Judge, Dewas. The prosecution - the State of M.P. has appealed to this Court for enhancing the sentence inflicted on accused Tikaram, in context with the appeals preferred by Sarnamsingh, Shivrajsingh and Tikaram. It is the contention of these accused that learned trial Judge has committed the error of recording the finding of guilt against them and convicting them for the offences mentioned above and inflicting various terms of sentences against them in context with said finding of their guilt. The prosecution has appealed to this Court with a prayer that the sentence inflicted on accused Tikaram be enhanced to hanging by neck till death by inflicting a capital sentence. A notice in that context has been served on said accused Tikaram.

(3.) Prosecution case in brief can be stated as mentioned hereunder :Deceased Madansingh was a lawyer practising at Tarana but residing at village Sumarakhedi alongwith his sons Surendra singh, Devendrasingh and Mahendrasingh. Out of them Surendrasingh was a practising lawyer. Deceased Mahendrasingh was engaged with Sangita, the daughter of Sarnam singh some days prior to 1-7-90 when the said murders took place, in one house which is the subject matter of these appeals and reference and the prosecution, which these accused alongwith the accused acquitted, faced before Sessions Judge, Dewas. As per prosecution case the said engagement was broken by Sarnamsingh on the ground that Madansingh and his family members were of the lower grade of the same caste. It appears from the prosecution case that after engagement, Mahendrasingh and Sangita started loving each other. Deceased Mahendrasingh had contacted accused Sarnamsingh some days prior to the incident in question and there was hot exchange of words between them which resulted in Sarnamsingh slapping Mahendrasingh. Some days after that, Mahendrasingh went to the school where Sangita was studying and he took away Sangita from the school and after eloping, they married each other in a temple named "Trikeshwar Temple". After such elopement and marriage between Mahendra and Sangita, the minds of both families were brought together by friends and well-wishers of both the families and as a result of that two functions were celebrated, one at the parental place of the bride and one at the place of in-laws of bride Sangita. Those functionswere termed as "ASHIRWAD" and "SWAGAT" ceremonies. The object behind arranging these functions was to patch up the differences between these two families and family members and relatives, if any caused on account of such brave steps taken by both Mahendra and Sangita. After both the ceremonies were over, Sangita started residing in in-laws' house with her husband Mahendrasingh in village Sumarakheda, in the said unfortunate house where these seven murders took place on 1-7-90.