DEVI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) In an incident that took place in village Barkhera Khuman a district Sagar on 8- 9-197, at about 12 in the morning one Gopi (40 years) sustained an incised injury of a serious nature on his head near a Chabutra belonging to P.W. 1 Kaushal Kishore and died as a result of the said injury within a couple of hours while being taken to district hospital Sagar. Of the six accused persons namely Devi Singh, Sher Singh, Badansingh, Surat Singh. Babu alias Balram and Fulsingh who were tried by the trial Court for the murder of Gopi and for certain other offences connected there with, two of them namely Devi Singh and Sher Singh were convicted under section 302 read with sections 34 and 452 of the Indian Penal Code and were sentenced to imprisonment for life and rigorous imprisonment for four months for the two offences two others namely Badan Singh and Ballu alias Balram were convicted under section 452 of the Indian Penal Code but were ordered to be released on probation of good conduct and the remaining two namely Surat Singh and Fulsingh were given benefit of doubt and were acquitted. The present appeal by accused Devi Singh and Sher Singh is directed against their convictions under sections 302/34 and 452 of the Indian Penal Code. Accused Badan Singh and Ballu alias Balram have not chosen to file any appeal against their conviction under section 452 of the Indian Penal Code.

(2.) P.W. 1 Kaushal Kishore was brother of P.W. 10 Prakash Narayan who was Sarpanch of the village. Kaushal Kishore was himself quite an influential person of the village. It appeared that apart from doing cultivation Kaushal Kishore carried on money lending business also, Deceased Gopi was Kaushal Kishores servant. He lived in a house situated in front of the house of Kaushal Kishore. P.W. 6 Dibbi and P.W. 8 Ramesh were sons of deceased Gopi. It appeared that they too assisted Kaushal Kishore in his work. P.W. 5 Rajju was another servant of Kaushal Kishore.

(3.) It would be clear from the events that formed the background of the incident which happened on the morning of 8-9-1979 and in fact led to the same that this P. W. 1 Kaushal Kishore acted as some sort of a tyrant in the village. He had little regard for law and believed in utilizing his own might and that of musclemen for obtaining whatever he wanted.