MATHURA PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THESE two appellants, namely, Mathura Prashad and Binda Prashad have preferred this appeal questioning the correctness and legality of the judgment rendered in Criminal Appeal No. 498/77 by the High Court of Madhya Pradesh at Jabalpur Bench. These two appellants (A4 and A5 before the Trial Court) along with three others, namely, Gulab Chand and Gulab Singh and Laxman Rao (who were arrayed as accused Nos. 1 to 3) took their trial on the accusation that on the night intervening 5/6.12.75 at about 12.30 a.m. at Sarkanda, Bilaspur within the limits of Bilaspur Police Station, Civil Lines intentionally caused the death of the deceased, Keshav Singh by Gulab Singh stabbing the deceased with a knife and the rest of the people assaulting him and that in the course of the same transaction, they also committed the offence of dacoity. Under the above accusation, they were tried for offences punishable u/s 302 IPC in the alternative u/s 302 IPC read with 149 IPC and also for offence u/s 396 IPC. The Trial Court found the third accused, namely, Laxman Rao not guilty of any of the charges and consequently, acquitted him but convicted these two appellants and accused Nos. 1 and 2 who are not before us u/s 302 read with 34 IPC and sentenced each of them to undergo imprisonment for life. However, the Trial Court acquitted the appellants and the other two accused of the offence u/s 396 IPC.

(2.) ON being aggrieved by the judgment of the Trial Court, the convicted accused namely, these two appellants, Gulab Chand and Gulab Singh filed an appeal before the High Court which for the reasons mentioned in its judgment, dismissed the appeal confirming the conviction recorded by the Trial Court. Challenging this judgment, these two appellants filed their SLP No. 1902/79 and the other two convicted accused, namely, Gulab Chand and Gulab Singh (A1 and A2) filed a separate petition in SLP (Cri.) No. 1435/79. This Court by an order dated 29.10.79 granted leave so far as SLP filed by these two appellants, but dismissed the SLP filed by the first and the second accused namely, Gulab Chand and Gulab Singh. Hence, the present appeal by these two appellants.

(3.) THE deceased Keshav Singh was a petition writer. He was living in his house at Sarkanda in Bilaspur with his wife Smt. Phatokan Bai (PW 19) and two daughters, namely, Anjani Bai (PW 1) and Shail Kumari (PW 2) and his son, Ram Kumar (PW 2) who was younger to PW 1 and elder to PW 2. There were some tenants in different parts of that house. The accused Gulab Chand occupied a portion of that house as a tenant, but vacated the same about two months before this occurrence due to frequent quarrels between the children and ladies of the families belonging to Gulab Chand and that of the deceased. It is alleged that the wife of Gulab Chand had complained about some alleged misbehaviour of the deceased with her. According to the prosecution, when the deceased was sleeping in a room with his wife on the ill -fated night, he heard someone knocking at the door. On this, the deceased switched on the light and opened the door. This appellant and the other accused entered his room. Gulab Chand and Gulab Singh whipped up their knives and gave stab wounds; one on the chest, another on the back while bending. These two appellants slapped and fisted the deceased. It is further stated that the second appellant herein, namely, Binda Singh caught hold of the deceased and banged him against the wall repeatedly. PW 19 tried to save her husband but she was pushed aside. During the course of the occurrence, a gold 'PUTRI' which PW 19 was wearing, was attempted to be snatched away from her.