NIRBHAI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE accused-appellant Nirbhaisingh has been convicted by the Additional Judge to the 1st Additional Sessions Judge, Bhopal under section 302, Indian Penal Code, for committing the murder of police constable Asghar Ali on the morning of the 4th of June 1967 in the river Narmada between the villages Baneta and Jaminiya and sentenced to imprisonment for life. In the same trial he has also been convicted under section 333 of the Indian Penal Code for voluntarily causing grievous hurt to constable Asghar Ali as also under section 332 of the Indian Penal Code for voluntarily causing hurt to constable Rajendra prasad and sentenced to rigorous imprisonment for a period of two years and rigorous imprisonment for one year respectively. All the sentences have been ordered to run concurrently. THE appellant has, therefore, come up in appeal against his convictions and sentences aforesaid.

(2.) THE accused-appellant was wanted in connection with two cases reported against him. One was a report for offences under sections 279 and 337 of the Indian Penal Code dated 27-4-1967. THE other was for an offence under section 506 read with section 34 of the Indian Penal Code dated 25-4-1967. It is alleged that the deceased police constable Asghar Ali along with three more constables was deputed by the Station Officer, police station Shahganj, to effect his arrest. It is also alleged that the police had information that the accused was leaving village Baneta for village Jaminiya on the night of the 4th of June 1967. THE constables, therefore, decided to apprehend him while he was crossing the river Narmada. Accordingly, police constable the deceased Asghar Ali, police constable Rajendra singh (P. W. 2), police constable Mithalprasad (P. W. 1) and police constable Moolchand (P. W. 6) along with the chaukidar of village Baneta Barelal (P. W. 3) went to the river Narmada and lay in wait for him. Police constable Asghar Ali was armed with a .12 bore gun belonging to the Station Officer R. P. Singh of police station Shahganj, while the other police constables had canes. Police constable Asghar Ali, police constable Rajendra singh and Barelal waited on the Baneta side of the river while police constable Mithlaprasad (P. W. 1) and police constable Moolchand crossed the river and waited for the accused on the other side of the river from where the road to village Jaminiya lay. THE accused-appellant came to the river in his bullock cart which was loaded with husk in the early hours of the morning. He was accompanied by his grazier Gariba (P. W. 5). When the accused-appellant had reached the river and entered it, the police constables Asghar Ali and Rajendra singh as well as chaukidar Barelal attempted to apprehend the accused. It is alleged that the accused bit police constable Rajendra singh and chaukidar Barelal in their hands and when the deceased Asghar Ali attempted to arrest him the accused snatched the .12 bore gun, which the police constable carried and shot at him with it, hitting him in the thigh. THE deceased police constable succumbed to his injuries on the spot. THE accused-appellant threw the gun on the spot of the incident and made good his escape.

(3.) THE learned trial Judge has convicted the accused-appellant relying on the testimony of Mithlaprasad (P. W. 1), Rajendra singh (P. W. 2), Barelal (P. W. 3), Gariba (P. W. 5) and Moolchand (P. W. 6). Of these, Mithlaprasad (P. W. 1), Rajendra singh (P. W. 2) and Moolchand (P. W. 6) are the police constables who were the companions of the deceased, Barelal (P. W. 3) was the village chaukidar and Gariba (P. W. 5) the grazier accompanying the accused. In view of their evidence, the learned Judge has negatived the plea of accident as also the plea of self defence.