ONKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment will also govern Criminal Reference No. 15 of 1973 and Criminal Appeal No. 1006 of 1973.

(2.) BIRSINGH, aged about 24 years, Onkar, aged about 22 years, and Nanhelal, aged about 17 years, were tried on a charge under Section 302 of the Indian Penal Code for committing the murder of Shri Mishrilal Singhai, an Advocate of Narsimhapur, on 2-1-1973. They were further charged under Section 201 of the Indian Penal Code for causing disappearance of the evidence of the said murder. Three other accused, namely, Girani, Annilal and Buttu, were also tried on a charge under Section 201 of the Indian Penal Code for causing disappearance of the evidence of the said murder along with the accused mentioned above. Girani, Annilal and Buttu were acquitted by the order of the learned Sessions Judge, Narsimhapur, dated 10-10-1973. Subsequently, vide judgment dated 19-10-1973 the learned Sessions Judge acquitted the accused Birsingh and Nanhelal but convicted the accused Onkar of an offence under Section 302 of the Indian Penal Code and sentenced him to death. Onkar has preferred this appeal against his conviction and sentence, while the Sessions Judge has made a reference for confirmation of the death sentence which has been registered as Criminal Reference No. 15 of 1973. The State Government, on the other hand, has preferred an appeal against the acquittal of the accused Birsingh and Nanhelal which has been registered as Criminal Appeal No. 1006 of 1973. Both the appeals and the reference were heard together and will be considered in this judgment.

(3.) THE deceased Mishrilal Singhai, aged about 41 years, was a practising advocate at Narsimhapur. He held some agricultural land which is situated at a distance of about two or three furlongs to the north of Narsimhapur. On the said land there was an orchard and a building which have been referred to as a bungalow in the evidence. About four years back, Sumerchand Jain (P. W. 8), brother of Smt. Chandabai (P. W. 1) wife of the deceased, engaged the accused Onkar to work on the agricultural land of the deceased as Bataidar. Some time after Onkar was employed by the deceased, Birsingh and Nanhelal, brothers of accused Onkar, also moved to Narsimhapur and started working for Singhai. All the three accused lived in a portion of the bungalow. Later on, the accused Birsingh got a job in a shop of sweets, while the accused Nanhelal took to rickhsaw-plying. So far the facts are not in dispute.