STATE OF M P Vs. SHRIRAM

JUDGEMENT

(1.) THIS Judgment shall dispose of Death Reference No. 1/2000 (State of M. P. v. Shriram and Ors.), Criminal Appeal No. 1/2000 (Bharat Singh v. State of M. P.), Criminal Appeal No. 652/99 (Shriram Singh v. State of M. P.), Criminal Appeal No. 5/2000 (Janak Singh and Ors. v. State of M. P.) and Criminal Appeal No. 10/2000 (Sewaram v. State of M. P. ).

(2.) BEFORE coming to the facts of the present matter, it is necessary to refer to certain factual backgrounds so that unnecessary repetitions and confusions are avoided.

(3.) ONE Kanchan Singh held agricultural lands in his Bhumiswami rights. Said Kanchan Singh had two daughters namely, Somabai and Budhabai. Said Somabai is married to accused Badansingh and has three sons, namely, Sewaram, Suresh and Mahesh. All the three sons of said Somabai have been made accused in the present case. Budhabai the other daughter of Kanchan Singh married one Achhelal. From the wedlock, she was blessed with Shankar Singh, Wakeel Singh, Vishambhar Singh and Kalyan Singh. Said Shankar has two sons, namely, Ramprakash and Harveer Singh. On the fateful day, in the unfortunate incident Wakeel Singh and Vishambhar Singh died of gun shot injuries. Ramprakash has been examined as P. W. 2, Harveer Singh has been examined as P. W. 3, and Kalyan Singh has been examined as P. W. 4. From the records, it appears that Bachchu Singh, Chhaviram and Daroo Singh are brothers. Bachchu Singh has two sons Jabarsingh and Janak Singh. Both of these persons have been joined as accused in the present matter. Three sons of Jabar Singh, namely, Kiledar Singh, Bahadur Singh and Surendra Singh have also been joined as accused in the present matter. Chhaviram's son Barelal is also an accused. Shriram Singh, Preetam Singh and Bharat Singh have also been made accused in the present matter. In all thirteen accused persons have faced the trial. It is not in dispute before me that after death of Kanchan Singh, Budhabai and Somabai were recorded as joint owners and Bhumiswamis in the revenue records vide order dated 20-9-83. Somabai applied for partition under Section 178 of M. P. Land Revenue Code and could obtain an ex parte order in her favour on 5-12-83. After the said order, a partition Parcha was prepared and certain lands were allotted in share of said Somabai. After learning about the said ex parte order, Budhabai filed an appeal to the S. D. M. who after setting aside the ex parte order passed by Naib Tahsildar remitted the matter to the Naib Tahsildar for its disposal in accordance with law. It is not in dispute that on the date of the incident the partition proceedings were pending in the Court of Naib Tahsildar. During pendency of the said proceedings, under Ex. D-22 said Somabai under a registered deed dated 4-6-93, registered on 5-6-93, sold Sy. No. 331 admeasuring 0. 261 Rakwa, Sy. No. 334 admeasuring 0. 292 Rakwa and Sy. No. 337 admeasuring 0. 428 Rakwa to Preetam Singh, Mahaveer Singh, Bharat Singh and Jabar Singh. In the sale deed, it was mentioned that the possession of the property as held by the seller was delivered to the said purchasers.