MARDANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE facts of the case have been set out id. great detail in the orders passed by the learned-Judges who heard these appeals,

(2.) SUKHESINGH, the deceased, lived at Durga-das-ki-Gadia -- a hamlet of village kirrainch. He had on the 20th of October, 1958 gone to attend a feast at the place of P. W. 5 -- Chet-singh. He left for his house in the company of P. W. 1 --Gayaramsingh and P. W. 2 -- Babu-singh from Kirrainch at about 10 A. M. White these three persons were passing through a 'khand' accused Mardansingh, yudhisthirsingh, Shivnathsingh armed with 'farsas' and Buddhe-singh, armed with a stick, were seen lying in wait on the right-hand side. It is alleged that on the opposite side 5 other persons were standing, who on seeing Sukhesingh gave a signal to the present appellants about the approach of their enemy. On hearing this Yudhisthirsingh advanced and struck a blow with a 'farsa' on Sukhesingh's head, as a result of which he fell down. Thereafter blows were showered on the deceased by all the four appellants. After they had stopped beating they took sukhesingh towards a rivulet. At this stage Gayaramsingh and Babusingh returned to Kirrianch and informed chetsingh about what they had seen. Chetsingh went to Porsa police station through Durgadas-ki-Gadia. He left word with Gajendrasingh and Vijendra- singh to search for Sukhesingh in the 'khand'. On reaching the police station he lodged the first information-report (Ex. P/4) at 4 P. M. It was stated therein that babusingh and Gayararnsingh bad told him that the present appellants had caught hold of Sukhesingh and forcibly carried him away towards the khand saying that they would kill him. On the basis of this report P. W. 11 -- Shri Rupchand Sharma S. I. P. registered an offence under Section 364 I. P. C. and proceeded to the place of occurrence which is at a distance of about 4 miles from the police station. On reaching there he seized a 'safi' (Article B) to which was tied a piece of paper (Article 3) from a pit. A cane (Article A) was also found lying near the rivulet. On the next day he prepared the site-plan of the place of incident and seized blood-stained earth from the pit. From the pool of water nearby the trunk of a human body was recovered. Tied to the skeleton was the 'dhoti' (Article C), and a piece of turban (Article E) as also a rope (Article H ). These articles were seized under seizure-memo Ex. P/2.

(3.) P. W. 10 -- Dr. Dube Medico-Legal expert J. A. Hospital Lashkar who examined the skeleton was of the opinion that it was of a male person above 25 years of age. On the same day Shri Rupchand Sharma registered an offence under Section 302 I. P. C. against among others the present appellants. They were all found to be absconding. Shivnathsingh, Buddhesingh and Mardansingh were arrested on 29-1-1959; whereas Yudhisthirsingh was arrested on 9-5-1959.