RAJENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This common judgment shall govern the disposal of the aforementioned criminal appeals and revision, as, having arisen from the judgment of the same trial, they are interconnected. For the sake of convenience appellants in Criminal Appeal No.530/1994 i.e. Rajendra Singh and Virendra Singh shall be referred to as "the appellants", while respondents in Criminal Appeal No.1481/1996 and Criminal Revision No.585/1994 viz. Fouj Singh, Halke Singh, Nawab Singh and Roop Singh shall be referred to as "the respondents".

(2.) The appellants stand convicted for the offence punishable under section 302 of the Indian Penal Code (for short "the IPC") for committing the murder of Narsingh on 12/6/1990 and sentenced to undergo imprisonment for life. The corresponding judgment dated 3/5/1994 was passed by III Additional Sessions Judge, Chhatarpur in Sessions Trial No.193/90. By that judgment only, the respondents have been acquitted of the offences under Sectiions 148, 149 and 302 of the IPC, against which Cr.A. No.1481/96 and Cr.R. No.585/94 have been preferred by the State and complainant Kalka Singh, brother-in-law of Narsingh, respectively.

(3.) According to the prosecution case, on 12/06/1990 at 21.00 hours Kalka Singh lodged a Morgue Intimation No. 14/90 (Ex.P/27), as well as, First Information Report (Ex.P/1), at the same time i.e. 21.00 hours, at Police Station Laundi to the effect that at about 6 pm when he was returning home from forest with his cattle, he heard an outcry from the direction of Well of Narsingh situated near "Khodehar Ki Bandi". When he approached that place he found that his brother-in-law Narsingh was lying on the ground and the mother and father of Narsingh were crying and trying to rescue him. Appellants were assaulting Narsingh with their axe. Appellant Rajendra had amputated the right hand of Narsingh whereas appellant Virender had chopped his left hand from the wrist by axe. Fouj singh was sitting on the chest of Narsingh, Nawab Singh was armed with gun and was standing beside, and, Narayan was hitting on the eyes of Narsingh by the butt of gun. Roop Singh armed with Lathi was standing. Bhopal Singh and Halke Singh had caught hold of Narsingh. Kalka shouted at all the above named assailants upon which Virendra and Rajendra had warned to kill him if he came close to them. At that time, Ambika Brahmin and Pragi Kachi belonging to the village of Kalka Singh happen to pass in a bullock cart from there, who were called by Kalka Singh and the incident was narrated to them. Ambika and Pragi too saw the assailants fleeing from the spot. Kalka and Ambika then raised an alarm upon which villagers assembled there. On the basis of the said report, Crime No.79/90 was registered for the offences punishable under Section 147, 148, 149 & 302 of IPC.