HALKAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the above appeals are directed against the judgment dated 28th September, 1998, by which in Sessions Trial No. 43/98, in which both the appellants were tried for offences under Sections 302 and 307 of the IPC, the learned Ist Additional Sessions Judge, Sagar, has convicted the appellants for the said offences and sentenced each of them to imprisonment for life for offence under Section 302, IPC and rigorous imprisonment for 10 years for offence under Section 307, IPC and they have also been sentenced to fine of Rs. 1000/- and on failure to deposit the fine, in each case, to simple imprisonment for one year. The substantive sentences have, however, been made concurrent.

(2.) ACCUSED Natthu @ Natthua and Halkai are both brothers who, at the relevant time, lived in Village Chapri and who were vegetable venders. It was not disputed that on the night intervening 16/17-10-97, deceased Bhagat had gone to the house of Natthu to buy vegetables and Natthu had asked him to clear the earlier account first. The case of the prosecution, in brief, is that while at 11 in the night, Bhagat was buying vegetables in the house of the accused Natthu Lohar, Sitaram was also present. Natthu was insisting that deceased Bhagat should first clear the old dues. There ensued an altercation between Bhagat and Natthu and the deceased snatched away the vegetables which he had given to the accused. Thereupon, Bhagat slapped accused Natthu and both started grappling. When accused Halkai asked the deceased as to why he had assaulted his brother, the deceased kicked him and he fell down. Natthu then, from their adjoining 'tapra', brought a 'gupti' and his brother Halkai and iron rod, chisel shaped at one end, and started assaulting Bhagat. Sitaram, present on the spot, tried to intervene but he was also assaulted. As a result of the assault, Bhagat Singh died on the spot. It is alleged that both the accused then dragged the dead body of Bhagat Singh and threw it in the backyard of the house. Sitaram, however, staggered towards his house and fell on the ground unconscious. On regaining consciousness, he informed his brother Bhure the details of the incident. He was brought to P. S. Banda where report was lodged. Sitaram was sent to the Government Hospital, Banda where his dying declaration was also recorded. In view of the precarious condition of Sitaram, he was sent to Tili Hospital and, therefore, though he had serious injuries, he survived. The dead body of Bhagat Singh Thakur was also sent to the hospital for post-mortem.

(3.) ON completion of the investigation, the two accused were prosecuted. Accused Halkai and Natthu, both, denied having committed any offence. Halkai also pleaded that he was not in the house and after 3 o'clock, he had gone with his sister to Village Besli. Accused Natthu stated that Bhagat and Sitaram had gone to his house at about 2 to buy vegetables when they were fully drunk. Bhagat Singh had asked for 5 kg. vegetables and when he enquired as to what he would do with 5 kg. and that he should take only as much as is required, he insisted on the same quantity. Then he demanded money for liquor which he refused stating that he did not have the money. Sitaram then incited him to cut his hand. Sitaram was armed with a sword. Both of them fell him down in the courtyard and sat on him. Sitaram then caused him injuries with sword on his hand. Suddenly Bhagat got up and told Sitaram to keep him pinned on the ground. Bhagat went to his house and asked for money from his sister-in-law who refused. Bhagat, therefore, beat her and she cried. He, therefore, pushed Sitaram aside and went inside his house. When he saw that Bhagat was assaulting Ganeshi, he picked up a bamboo stick and assaulted Bhagat. Bhagat then rushed outside but since there was no light, Sitaram thinking that he (Natthu) had come out, assaulted him with a sharp weapon. He also pleaded that Sitaram in the earlier days had been a mental case. Both Sitaram and Bhagat, therefore, thought that it was when he gave a blow on Sitaram's head with a bamboo stick that Sitaram ran away. It was only to save himself that Sitaram concocted a story. The learned Judge, however, on trial, found the two appellants guilty and convicted and sentenced them as stated hereinabove.