HIMMAT SINGH Vs. STATE

JUDGEMENT

(1.) The appellant Himmat Singh stands convicted under Section 302 of Indian Penal Code with sentence of imprisonment for life vide impugned judgment dated May 10, 1989 passed by Second Additional Sessions Judge, Jabalpur in S. T. No. 192/86.

(2.) The facts of the case lie within a very narrow compass. Nek Singh (P.W. 5) is the brother of deceased Jagat Singh, Puna Bai (P.W. 3) is the daughter of Nek Singh, Gopi Bai (P.W. 7) is the wife of Nek Singh, Sita Bai (P.W. 16) is the wife of deceased Jagat Singh and Ram Singh (P.W. 6) is the son of deceased Jagat Singh. A day before the incident cattle of accused Himmat Singh entered the field of deceased Jagat Singh who objected to it. The murder of Jagat Singh is a sequel to this quarrel.

(3.) On April 1, 1986, at about 8 a.m., deceased Jagat Singh was engaged in threshing crop in his barn. Puna Bai, the niece of the deceased, Guddi, the daughter of deceased and one Jamuna Bai were present in the field of Jagat Singh which is adjacent to his barn. The accused, armed with a lathi entered the barn dealt several lathi blows to him. Puna Bai, along with two aforementioned girls rushed to her home and informed her father Nek Singh about the incident. When Nek Singh along with Puna Bai and two other girls was going towards the place of occurrence, the accused met him mid way. Accused dealt lathi blows to Nek Singh also who sustained 8 injuries described hereinafter, including a fracture. Guddi, Puna Bai and Jamuna Bai brought Nek Singh home. Ram Singh son of Nanhe Singh (P.W. 11), Hakku (P.W. 13), Shivdeen (P.W. 12), Pancham (P.W. 9) and Sita Bai (P.W. 16) wife of deceased Jagat Singh reached the place of occurrence. On being asked, Jagat Singh named accused as assailant. Jagat Singh was brought to his house on a cot. He succumbed to his injuries on way to P. S. Belkheda. Nek Singh (P.W. 5) lodged First Information Report, Ex. P-9 at the P. S. Belkheda at 2.15 p.m., after about six hours of the incident. The body of deceased Jagat Singh was sent for postmortem examination vide Ex. P-1. Postmortem examination was conducted by Dr. A. S. Rajput (P.W. 1) who found the following injuries on the body of deceased Jagat Singh: