JUJHAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected Criminal Reference No. 1/2011 sent by learned Sessions Judge, Indore for confirmation of death sentence imposed by him to the accused/appellant Jujhar Singh under Section 354(3) Cr.P.C. The case of the prosecution, in brief, is that on 1.11.2010 at 9.50 A.M., Narayan Singh Parihar (PW-4) lodged first information report in respect to the occurrence in the police station that during the midnight of 31st October and 1st November, 2010 quarrel took place between the appellant and the deceased persons who are three in number, namely, Bhagat Singh, Durjan Singh and Maqsood Ansari in which the appellant by using the hammer as weapon dealt blows on the deceased persons. It is stated that soon before the incident all these four persons were consuming liquor and were eating the chicken.

(2.) At the relevant point of time, the author of the FIR, Narayan Singh Parihar was serving on the post of Security Guard at Ansal Township (under construction) where the incident had taken place. On receiving the information from Shiv Kumar regarding the quarrel among the accused and the deceased persons he rushed to the spot and found that all the four persons are in drunken state. It is said that this witness firstly pacified and thereafter scolded on them. This witness thereafter left the spot and went back to the place of his duty. In the morning of 1.11.2010 when he was on duty at the gate of the Ansal Chambers which was under construction, witnesses Shiv Kumar, Subhash and Khemchand came and informed about the murder of deceased persons, namely, Bhagat Singh, Durjan Singh and Maqsood Ansari. He was told that all these three deceased persons are lying dead on the floor of room No. 25 of the building under construction and the accused Jujhar Singh had already fled from the place of occurrence. Besides this, these witnesses also informed him about the brawl which had taken place between the deceased persons and the accused on previous night, as a result of which the accused Jujhar Singh committed the murder of three deceased persons by giving blows of hammer.

(3.) On the basis of the FIR lodged by complainant Narayan Singh Parihar a case was registered under Section 302 IPC against the appellant. The investigating agency arrived at the spot; prepared the spot map; summoned the eyewitnesses and recorded their statements; prepared the inquest report of the deceased persons; the snap shots of the dead body were also taken; the blood sample lying on the first floor of room No. 25 of the Ansal Township were also taken and the dead bodies were sent for the postmortem etc.