STATE OF M P Vs. JAGDISH

JUDGEMENT

(1.) This Order shall also be read in Death Reference 2/90.

(2.) The order is being passed by us in the circumstances briefly set-out here. An incident is alleged to have taken place in village Kachhwa P.S. Mungwani District Narsinghpur on 16-21988 between 10.30 A.M. to 11.00 A.M. in which five persons; namely, two brothers named Rewa Ram and Balkishan, their parents Harlal and Kesharbai and one of their relations named Tarachand were done to death.

(3.) The prosecution examined as eye witnesses widows of the two brothers; namely, Punabai (P. W .6) who is widow of deceased Rewa Ram and Mohanbai (P.W.11) who is widow of deceased Balkishan. Two more alleged eye witnesses were examined, namely, Hakko (P.W.7) who is a resident of village Barhatta and one Ramji (P.W.12) who is resident of village Bedu. A telephonic information about the incident was given to Reserve Police Lines Narsinghpur by one Shyamlal, a retired Head Constable living in the village of the incident. Shyamlal was also cited by the prosecution as an eye witness, but during trial he was given up on the ground of having been won over by the defence. The defence also cited him as their witness but later submitted an application for deleting his name from the list of defence witnesses. As a result, Shyamlal was not examined as a witness on behalf of either party in the Sessions Court.