DIWAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Vth A.S.J. Gwalior in S.T. No. 27/85 (State of MP. v. Kishan Singh and 9 others) on 30-11-1987 found all the four appellants guilty under Sections 302/34 of the Indian Penal Code (to be called as Code only) and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 300/- each and in default to undergo further R.I. for three months. Diwan Singh (A-1) and Jeet Singh (A-3) were also held guilty under 5. 325 of the Code and were sentenced to undergo R.I. for one year and to pay a fine of Rs. 200/- and in default to undergo R.I. for two months. Diwan Singh (A-1), Kok Singh (A-2) were further held guilty under Section 323 of the Code and sentenced to pay a fine of Rs. 300/- each and in default to undergo S.I. for two months. All substantive sentences were to run concurrently. Period of detention was setoff in such sentences.

(2.) Co-accused (1) Kishan Singh, (2) Baburam, (3) Jujhar Singh (4) Luxman Singh and (5) Bachchu Singh were acquitted of all the charges while Jagdish Singh was held guilty under 5. 323 of the Code and was acquitted of the other charges. State has not appealed against their acquittals. One of co-accused Indra Singh was below 16 years of age. Hence his case was tried by the Juvenile Court.

(3.) As per prosecution, a public well is situate in Survey Number 642 of village Bijoli. All villagers irrigate their fields from it. On 26-1-1984 at about 8 a.m., Harcharan (P.W.1), Chhidi (P.W.3) and his son deceased Ramhet had gone to this well with a diesel pump set on a bullock cart to take water. Harcharan (P.W.1) had kept the pump set down on earth. Kok Singh (A-2) with a Lathi and Jeet Singh (A-3) with a Ballam came on spot and objected that pump set be not kept there as the well belonged to them. When Harcharn (P.W.1) and others tried to keep the pump set back in bullock cart Jeet Singh (A-3) gave a blow on back of Chhiddi (P.W.3) from the blunt part of Ballam. Then Pratap Singh (A-4), Diwan Singh (A-1) and six acquitted co-accused armed with Ballams, Farsa and Lathis came on spot. Diwan Singh (A-1) had a Farsa while Bachchu Singh and Indrasingh (acquitted co-accused) had Ballams in their hands. All these shouted together that none should be spared. All together, belaboured Chhiddi (P.W.3), deceased Ramhet and Harcharan (P.W.1) Bhagwandas (P.W.5), Mawasi (P.W.15), Gokul (P.W.10), Jagannath (P.W.4), Banshi (P.W.7), Natholi (P.W.11) and Prakash (P.W.16) who had rushed to rescue Harcharan (P.W.1) and others. Kailash Narayan (P.W.17) rushed to the police station Bijoli and called the police.