BAHADUR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In Sessions Trial No. 45 of 1980, the present appellant Bahadur Singh and two others, namely, Balbir Singh and Khuman Singh were tried for having committed the murder of one Gyan Prakash on 11-4-1980 at village Kharwai. The Sessions Judge by his judgment dated 20-5- 1981 acquitted Khuman Singh and Balbir Singh, but convicted appellant Bahadur Singh for an offence under section 302 Indian Penal Code and sentenced him to rigorous imprisonment for life. It is against that conviction and sentence that the present appeal has been filed

(2.) The prosecution case briefly stated is that on 11-4-1980 there was a FALDAN ceremony at the house of one Girdhari in village Kharwai. At that time records were being played on the loudspeaker by Shamsheer (P.W. 4). It was Shamsheer who had taken the loud-speaker to this village Kharwai. It was at about 10.00 to 10.30 P.M. that accused Khuman Singh came there and told deceased Gyan Prakash to stop playing of the records on the loud-speaker. At this Gyan Prakash took the loud-speaker from the house of Girdhari to his house and started playing records from there on the loud-speaker. Khuman Singh then went to Gyan Prakash's house and told him to stop playing of the records on the Loud-speaker. At this, deceased Gyan Prakash told him that the records were being played on the loud-speaker at his house and so what objection can he have in this behalf. With that discussion in the back-ground, a quarrel took place between Khuman Singh and Gyan Prakash. On a shout being raised by Khuman Singh, acquitted accused Balbir Singh also reached there. It is said that Balbir Singh and Khuman Singh had beaten Gyan Prakash and brought the latter out of his room. Thereafter, appellant Bahadur Singh came from towards his house with a BALLAM and gave a BALLAM blow to Gyan Prakash causing injury near his neck. At this Gyan Prakash fell down and died. This assault by Bahadur Singh is said to have taken place at about 11.00 to 11.30 P.M. A written report Ex. P. 1, the scribe of which is Radheshyam (P.W. 3) was submitted to A.S.I. Surendra Nath Pandey (P.W. 5) in village Kharwai. The motor - stand of village Kharwai is about 100 to 150 paces from the spot where the incident took place (paragraph 5 of evidence of (P.W. 5) S.N. Pandey). The A S T. held the inquest Ex. P. 10 and seized blood stained and unstained earth besides other articles. The dead body of Gyan Prakash was forwarded to the hospital for postmortem examination.

(3.) Dr. G.K. Sharma (P.W. 2) had on 12-4-1983 performed the examination and he found a stab wound 3 X 1 X 5 deep at left supraclavicular region parallel to left clavical, extending deep downwards in the left thorasic cavity. The left lung was visible through the wound. Resides this injury, there was an abrasion at the left shoulder, a lacerated wound at the left parietal region two contusion and other multiple abrasions. According to him the aforesaid stab wound was sufficient to cause death as the left lung was injured. The cause of death was syncope due to haemorrhage. As stated by Doctor Sharma in his cross-examination, the father of the deceased had told him that the deceased belonged to Bhopal. The PANCHAYATNAMA (Ex. p. 10) of the dead body mentions that no relatives of the deceased were present. The post-mortem report Ex. p. 3 also mentions that the dead body was identified by Awadhnarayan who was the father of the deceased.