TALVINDER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN Sessions Trial No. 76/82. Additional Judge to the Court of Sessions Judge, Jabalpur, by his judgment 22 -9 -1982. convicted the two appellants for an offence under Section 302/34 of the Indian Penal Code and sentenced each of them to imprisonment for life. This appeal is against that conviction and sentence. 1. 2. The prosecution case briefly stated is as under: -Deceased Rameshwar Sahu alias Ramu Seth had his field in DARSHANHAR. The field of appellant Talvinder is also near to that field. Jagdish (P.W. 1), Patiram (P.W. 3), Ramnath (P.W. 7) and Nirpat Singh alias Thiggi (P.W. 15) were working as agricultural labourers of deceased Ramu. They used to live in a house of deceased Ramu which was in the field. Mst. Durgabai (P.W. 18) is wife of Nirpat Singh (P.W. 15) and used to live in the house in the field. In the evening of 13 -11 -1981 aforesaid Jagdish, Patiram, Ramnath and Nirpat were ploughing and sowing in the field. Deceased Ramu had then come to the field and gave necessary instructions to the labourers with regard to sowing etc. At that time, appellant Talvinder accompanied by one another had come to Darshanahar. It is said that there was some talk between Talvinder and deceased Ramu which those labourers could not hear. Thereafter appellant Talvinder went away from there. Deceased Ramu also left the place telling the labourers that he was going to his house. This was before Sunset. 3. At a distance of about 200 yards from the house in Darshanahar of deceased Ramu, is the house of one Poonabai (P.W. 16), which also was 'in the field. According to Mst. Poonabai, there was some hot talk between the deceased and appellant Talvinder and they were abusing each other. At that time Sun had also set and it was slightly dark. This also is the case of prosecution that Mst. Poonabai had seen deceased Ramu inflicting lathi blow on the head of appellant Talvinder, as a result of which the latter had fallen down in the field. By that time, Nirpat (P.W. 15) had also arrived there. Deceased Ramu then field away from that field and took shelter in his house in Darshanahar. After some time, both the appellant came to that house of deceased Ramu and started hurling abuses at him. Appellant Talvinder was then armed with a farsa while appellant Dadu had a lathi. They were threatening Ramu for his life. However, the two appellants went away from there.

(2.) 4. The deceased, after ascertaining from Nirpat about the two appellants having gone away, came out and stated that he would go to his house. Nirpat, however, advised him that it is late and he should not go and better pass his night in that house in Darshanahar. The deceased did not adhere to that advice and started running to go to his house.

(3.) 6. Thereafter Jagdish (P.W. 1) went to Sonpur and informed Dwarka Prasad (P.W. 9) who is the brother of deceased Ramu and another brother Kedarnath (P.W. 10) about the appellants having assaulted Ramu. Jagdish (P.W. 1) went to Police Station Khamariya and lodged a report Ex. P. 12. This report was recorded at 9.45 P.M. by Head Constable Ramniwas in the Roznamcha.