STATE OF M.P. Vs. PHOOL SINGH

JUDGEMENT

(1.) STATE has preferred this appeal against a judgment of acquittal. The facts in brief are : Three persons, namely, Raghuvir Singh, Vinod and Padamsingh were murdered in the late evening of 10th of January, 1972. They were residents of village Khurd Barethi, P.S. Amayan, district Bhind. Vinod was a nephew of Raghuvir Singh deceased, while Padamsingh was merely a neighbourer. Injuries were also caused on the person of Virendra S/o Raghuvir Singh and Ramlal, residents of same village. The six accused belong to the same village. Accused Phool Singh and, Chhote Singh are brothers, accused Mahendra Singh, Kumer Singh are father and son whereas accused Pooran Singh and Shyamlal are said to be members of the same faction.

(2.) THE accused were charged with offence under section 120-B read with section 302 of the Indian Penal Code, 1860, hereinafter referred to as the Code. They were also charged under section 307 read with section 34 of the Code for having made an attempt to commit murder of Virendra and Ramlal. It is stated that injuries with a Pharsa were inflicted on Virendra Singh. A gun shot injury was stated to be inflicted upon Ramlal who has appeared as a witness in this case as P.W.11.

(3.) THE prosecution version as narrated by Gambhir Singh (P.W.1) may be seen. He is the cousin of deceased Raghuvir Singh also described as Patel at some places. According to this witness, he was sitting besides (ALWA) a fire pot and was keeping the winter chill away. Raghuvir Singh deceased was also sitting along with him. It was desk and a lantern was on. A transistor was giving company to them. At that point of time, six accused, namely, Phool Singh, Chhote Singh, Pooran Singh, Mahendra Singh, Kumar Singh and Shyam Lal along with Tulsia and Heta reached that place. Two more persons whom this witness was unable to identify and who were said to be armed with rifles also reached there. According to this witness, accused Kumar Singh and Shyamlal were armed with lathis. Rest of the named accused were armed with pharsas. The attack was opened with the help of Pharsas by Phool Singh and Tulsia, while the other accused had surrounded the deceased and were inflicting fatal injuries on the person of Raghuvir Singh. This witness managed to give a slip. He shouted and warned the sons of Raghuvir Singh, namely Virendra (P.W.3) and Narendra (P.W.4) to run for their life. Similar warning was given to Moti Kuer (P.W.2), wife of deceased. The exact words used by this witness were got elicited in cross-examination, These are "BAGI CHADH BAITHE BHAG CHALE" i.e., "rebels or absconders from law have reached, run away." He also stated that Phool Singh gave pharsa blow to Virendra (P.W.3) while he was on the run, He is not witness to the remaining events as he had runaway to take shelter in Beehd (Ravines). He returned from Beehd after about two hours (para 9 of his statement). He found that his son was no more. His wife Phoola (P.W.5) was sitting near the dead body of her son Vinod. She informed him that six accused along with Tulsia, Heta and two other gun men were there and have killed their son. He went to the houses of Raghuvir and Padamsingh and found them dead.