SUMERSINGH Vs. STATE

JUDGEMENT

(1.) SUMERSINGH son of Jahan Smgh, resident of Tharkheda has been convicted by the Additional Sessions Judge, Shivpuri. under Sec. 302 IPC for the murder of Koksingh and sentenced to death. The accused has filed Appeal No. 67 of 1961, and, the learned Additional Sessions Judge has also submitted the record of the case under Sec. 374 Cr. P. C. for the confirmation of the death sentence which is numbered as Criminal Death Reference No.2 of 1961. Both the appeal and the Reference are being disposed of by a single judgment.

(2.) THE prosecution story is that Koksingh deceased owned a field which was adjacent to the field of Sumersingh, the present appellant. A few days before this incident, they had had an altercation, because the deceased Koksingh demolished the "Bhanwar" constructed by the accused at his well. The accused complained about this behaviour of Koksingh to Bhagirath, P.W. 11, who tried to pacify the accused by saying that he would get the Bhanwar "repaired". But it seems that the accused was not satisfied with the assurance given by Bhagirath. It is said that on account of this grudge, which the accused here to the deceased, in between the night of 12th and 13th September 1960, near about midnight when deceased Koksingh was sleeping on a Machan in his field (it is usual for the villagers to go to their fields in the night in order to guard their crops), the appellant and one Sarnamsingh who later on became an approver and who has been examined as P. W. 9, went to the field of Koksingh, and asked him to come down from the Machan. On Koksingh's alighting from the Machan, Sumer Singh the present appellant is said to have told Koksingh that he waned to shoot him because he had damaged his Bhanwar of the' well. Sarna singh, the approver who "as with the appellant, is alleged to have also told Sumer Singh to shoot Koksingh. Thereupon Sumersingh shot Koksingh in the abdomen and as a result of the injury he sustained, Koksingh fell down. Accused Sumar Singh then threw down his gun, and, he and the approver both disappeared from the scene of the incident. They both remained absconded and it was after about a month, that Sub Inspector Police arrested them on 6 -10 -60, from their hideout in the forest of Tharkheda. During the course of investigation Sarnamsingh became an approver and a challan was put up only against the appellant for shooting deceased Koksingh with a gun. It is on these facts that the appellant has been convicted for the murder of Koksingh as stated above.

(3.) THE most important witness in this connection is Bhagirath (P.W. 11). His field was near the field of the deceased. He has stated that he heard a gun -report which was followed by a shout from the deceased to the effect "Dada daurio Sumersingh ne mere Bandook Mardai . Hearing this, he rushed to the filed of the deceased Koksingh whom he found lying in a pool of blood. He enquired of Koksingh as to what had happened and Koksingh told him that Sumersingh, the accused had fired a gun at him and that Sarnamsingh (approver) had told Sumersingh to shoot him.