NARAYAN PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE appeals assail the judgment dated 17-4-1996 of the learned 6th Additional Sessions Judge, Jabalpur, in Sessions Trial No. 409/1995, by which the learned Judge has convicted the appellants for offence punishable under Section 302, IPC, on three counts, for the murder of Sher Singh @ Bahadur Singh, his wife Ramaitri Bai and his son Ramji aged 11 months, and sentenced each of them to Imprisonment for Life thereunder. The sentences have been directed to run concurrently.

(2.) THE accused and the deceased were members of the same family. P. W. 2 Shanti Bai had two sons, accused Har Prasad and his younger brother deceased Sher Singh @ Bahadur Singh. Both the brothers were living in separate portions of the house, maintaining separate establishments. The family property had already been divided between the two except a portion of land measuring 3 acres, which P. W. 2 Shanti Bai had retained for herself. However, Har Prasad was not satisfied with the distribution of the property and was always complaining that his younger brother Sher Singh @ Bahadur Singh had been allotted more land than the land allotted to him, and he wanted to, therefore, grab the land given to the deceased. In this connection, there had been instances of quarrel between the two brothers. There were also instances when Har Prasad had taken away the crop of his brother Sher Singh @ Bahadur Singh. During the period when the incident occurred, Sher Singh @ Bahadur singh had sown pulses in his land and for keeping watch, the family used to sleep in the field at night. On the date of the incident, i. e. , in the night intervening 3rd-4th of March, 1995, deceased Sher Singh @ Bahadur Singh had, as per his routine, gone to the fields but since he did not return, his mother P. W. 2 Shanti Bai went to the field to find out the reason why he had not returned to the house. On reaching, she found that deceased Sher Singh @ Bahadur Singh, his wife Ramaitri Bai and his son Ramji were lying dead with injuries on their bodies. She, therefore, rushed to the Kotwar and informed him about the said calamity and also informed that the accused persons used to intimidate that they would do away with the deceased. Report (Ex. P-4) was made to the Police by P. W. 2 Shanti Bai, which was recorded by P. W. 7 J. S. Jaggi, and transmitted to Police Station, Panagar where on account of the three deaths, three crimes vide Crime Nos. 14/95, 15/95 and 16/95 were registered. Inquest was held and inquest reports Ex. P-14, P-15 and P-16 were prepared. Dead bodies were forwarded to the Medical College, Jabalpur where the Autopsy Surgeon Dr. D. K. Sakle P. W. 1 conducted the autopsy and gave Reports Exs. P-1, P-2 and P-3. P. W. 7 J. S. Jaggi, Investigating Officer, inspected the spot and found two mattresses, blood stained paddy, plain paddy which were seized vide seizure memo Ex. P-18. He also arrested accused Har Prasad, Narayan Prasad, Hallu, Ramaitri Bai wife of Har Prasad vide Exs. P-20, P-21, P-22 and P-23. He obtained the nail clippings of accused Narayan, his trousers and shirt which were seized vide Ex. P-24. Similarly clothes and nail clippings of Hallu were seized vide Ex. P-25 and of Har Prasad vide Ex. P-26. Photographs Ex. P-29 of the spot were taken. Accused Hallu gave information which was recorded vide Ex. P-5. Accused Narayan gave information which was recorded in Ex. P-7, in pursuance whereof at the instance of the respective accused, axe was recovered from the house of Har Prasad. Another axe was recovered from Hallu vide Ex. P-8, and an axe was recovered from Narayan vide Ex. P-9. Har Prasad had also given information in pursuance whereof axe was recovered and seized vide Ex. P-10. Spot map (Ex. P-17) was prepared by the Investigating Officer. Patwari was called to make a sketch map. Seized articles were sent to Forensic Science Laboratory, Sagar. As per the report (Ex. P-31) of the Forensic Science Laboratory, the seized axes, sweater, vest, sari, sweater, mattresses, nail clippings and other articles were found blood stained. Report of the Serologist was not received to confirm that the blood was of human origin.

(3.) ON completion of the investigation, the accused were prosecuted. The accused pleaded that they were innocent and that they had been falsely implicated. On trial, however, the learned Judge found them guilty and convicted and sentenced them as stated hereinabove. It is against this conviction and sentence that they have now approached this Court in appeal.