STATE OF MADHYA PRADESH Vs. VISHAL SINGH

JUDGEMENT

(1.) Residents of village Mendwara, Police Station Jatara, District Tikmagarh were sharoply divided into two camps, one led by absconding accused Ranmat Singh and the other headed by Neksai (P.W. 20). The bone of contention which led to these quadruple murders was rivals claims for possession over the pasture land (Gochar) of the village. In the year 1984 Pattas were gratned in favor of Moti, Kundan, Ranmat Singh, Ramsingh, Phulsing, Siyaram, Kalloo Sore, Bhagwandas, Ramkali wife of Kishan etc. of appellants' camp. The other side challenged these allotments and the matter was sub judice on the date of incident. These facts are not in dispute. Members of Neksai's camp claimed that they were in actual possession of the said land notwithstanding the grant of pattas to others and that is why they had challenged the said grants. On 25-6-1990,at day break, i.e. 6.30 a.m., appellants and four absconding accused, namely, Ranmat Singh, Motilal, Kundan Singh and Chatur Khangar were cultivating the said pasture lands. Ranmat Singh, Ramsingh Vishal Singh, Kapoor Singh Sitaram, Veeren alias Virendra Singh were armed with guns, Siyaram was armed with a farce, Kishanlal was having an axe and the rest of them were armed with lathis. Neksai (P.W.20) with his partymen Hardas (deceased), Muratsingh (deceased) his wife Shantibai (deceased), Chandrabhansingh (deceased), Devidas, Omprakash, Mahipat, Mayaram, Rambhagat (P. Ws. 3 to 7), Bithallo alias Balwan (P. W. 11). Raghuvir (P. W. 22) and some others went there to protest which triggered the feud resulting in on the spot death of Murat Singh, his wife Shantibai, Chandrabhansingh and Hardas by fire-arm injuries. Rambagas, Devidas were also injured by fire-arm. 20 persons were tried in this connection on charge under Sections 147, 148, 302/149 and 307/149, I. P. C. Two others were charged for having hatched a criminal conspiracy for commission of these offences. The trial Judge vide judgment, dated 1-10-1993, passed in Sessions Trial No. 39/91 of Tikamgarh Sessions Division, acquitted those two who were charged of criminal conspiracy. She also acquitted Kishunlal Kalar, Gulab Singh, Raju alias Rajendra, Jagdish Yadav, Bhagwat Yadav, Thakur Das and Lochansingh whose involvement in the crime was not testified to by the eye-witnesses. She convicted appellants Vishalsingh and Ramsingh under S. 302/149, I. P. C. and sentenced them to death. Appellant Kapoorsingh, Sitaram, Veeren alias Virendra Singh, Siyaram, Phulsingh, Guillu alias Bhagwandas, Sunnoo, Prakash alias Om Prakash, Kalloo, Pappoo alias Ramkishore, and Rajjoo alias Birendra Singh were convicted under Sections 302/149, I. P. C. and sentenced to imprisonment for life. All of them were also convicted under Section 307/149, I. P. C. and sentenced to seven years' R. I. Lastly they were also convicted under Sections 147 and 148, I. P. C. and sentenced to one year and 2 years' R. I. respectively. Criminal Reference No. 2/93 is for confirmation of the death sentences under section 366, Cr. P. C. The appeal of the abovesaid two condemned men is Cr. A. No. 973/93. Sitaram and six others have preferred Cr. A. No. 1010/93 against their aforesaid convictions and sentences. The remaining four convicted persons, viz., Siyaram, Phool Singh, Kapoorsingh and Pappoo alias Ramkishore have challenged their convictions and sentences as aforesaid in Cr. A. No. 1033/93. All these four cases are being disposed of by this common judgment.

(2.) Appellants Vishal Singh, Gulab Singh and Jagdish are real brothers, appellants Rajoo alias Raju Yadav is son of Gulab Singh, appellants Bhagwat and Lochan are sons of Jadgish, appellant Ramsingh is the brother of absconding accused Ranmat Singh. Appellants Siyaram and Phoolsingh are real brothers. Deceased Hardas and Muratsingh both sons of Damroo Yadav were brothers of Neksai. Mayaram (P. W. 6) is brother of Neksai, Mahipat (P. W. 5) and Rambugas (P. W. 7) are sons of Neksai. Deceased Chandrabhan was nephew of Neksai. Om Prakash (P. W. 4) is the son of Mahipat Singh (P. W. 5). Kalloo (P. W. 13) is the son of Mayaram (P. W. 6). Bithalloo Singh alias Balwan (P. W. 11) is nephew of Neksai. All the material witnesses are residents of Manindwara. The disputed pasture land is situated in Kathotiya Har and is adjacent to Choorawal field owned by Ram Lakhan where the dead bodies were found. In the course of the investigation a single barrel. 12 bore gun along with its licence and two live cartridges of the same bore were seized from the possession of appellant Sitaram on 8-8-1990 by Investigating Officer, D. D. Dube (P. W. 35). Another single barrel. 12 bore gun with its licence and one cartridge of the same bore was seized vide Ex. P. 48 from the possession of Kedar Singh on 20-8-1990. These facts are not in dispute.

(3.) The prosecution case is that on the night of 24-6-1990 a conspiracy was hatched to plough the disputed land at Kathotiya Har the next morning and in case of obstruction to kill those who came to offer resistance. Accordingly, on 25-6-1990, at about 6.30 a. m., Ranmat Singh, Ram Singh, Vishal Singh, Kapur Singh, Sitaram Viren alias Virendra Singh armed with guns, Siyaram armed with Farsa, Kisunlal armed with axe and the rest of the accused persons armed with lathis went to the said disputed field to plough it. On coming to know of this, Neksai (P. W. 20) along with four deceased persons proceeded to the said field. They were followed by Devidas (P. W. 3), Mayaram (P. W. 6), Rambugas (P. W. 7) Omprakash (P. W. 4), Mahipat (P. W. 5), Bithal alias Balwan (P. W. 11), Raghuvir (P. W. 22), Halkai (P. W. 26) and others. When this party reached the Churawala field of Ramlakhan Mahant adjoining the disputed filed accused Kundan Singh challenged them saying to Shanti Bai Shantibai replied that they were coming. Then Kundan Singh dealt a lathi blow on Shantibai. Accused Motilal, Kisunlal, Phul Singh, Chatur Kapur Singh, Guluva alias Bhagwandas, Sunnu, Prakash alias Omprakash, Siyaram and Kisunlal joined the assault with their weapons. Husband of Shantibai Murat Singh protested and was shot on the chest by Ranmat Singh with his firearm. Accused Ram Singh then shot the next fire on the chest of Chandrabhan Singh and Hardas was shot on the chest by Vishal Singh. Kapur Singh and Sitaram also shot their guns. Shantibai, Murat Singh and Chandrabhansingh and Hardas fell dead on the spot. Accused Ranmat Singh proclaimed. Neksai and his supporters then took to their heels. Ram Singh and Ranmat Singh fired shots which hit Devidas (P. W. 3), on the hand and legs and Rambugas on his right leg. While running for safety they informed Bhajanlal Ahirwar (P. W. 2) who went on a motorcycle to Jatara Police Station and lodged a report which is recorded in Rojnamcha Sanha No. 1158 copy whereof is Ex. . 79. Town Inspector, G. D. Dube (P. W. 35) then proceeded to Maindwara with force. On way at Chandra he met Devidas (P. W. 3) and Ram Bugas (P. W. 7) coming on a bus on their way to Jatara. On instructions by Mr. Dube, Constable Dhaniram Tiwari escorted these injured persons to Jatara hospital where Dr. H. N. Naik (P. W. 8) examined Devidas and referred him to District Hospital, Tikamgarh. Ram Bugas was examined by Dr. U. K. Jain (P. W. 9). Shri G. D. Dube on reaching Maindwara met Halkai (P. W. 26) in the school building and recorded first information report Ex. P. 50. He then proceeded to the scene of occurrence, the Churawala field and found the dead bodies lying there close to the disputed field. Inquest was held vide Exs. P. 3 to P. 6 and vide Ex. P. 64 a cycle, empty case for keeping cartridges, three "Dhibari Plastic' of. 12 bore cartridge, ten 'Dhibari Putthe Ki' of the said cartridge, an iron pellet, a piece of brass cartridge, three bamboo sticks and a pair of Chappals were seized. Since the fact that the four deceased died homicidal death by fire arm injuries and their dead bodies were lying in the Churawala field are not in dispute details of seizure of blood stained earth samples and clothes belonging to the deceased from the scene of occurrence and details of autopsy reports need not be mentioned. The Investigating Officer seized lathis from Kallu, Pappu alias Ramkishore, Gulab Singh, Bhagwandas, Lochan Singh, Thakurdas, Sunnu, Rajju alias Rajendara Singh, Jagdish, Phul Singh, Prakash alias Omprakash and fire arms and cartridges from Rajju alias Rajendra Singh, Siyaram, Kapur Singh, besides an axe from Kishan Kalar vide Ex. P. 17 and a Farsa (Article C) at the instance of appellant Siyaram.