STATE OF MADHYA PRADESH Vs. GANGASINGH

JUDGEMENT

(1.) The judgment in this appeal shall also govern the disposal of Criminal Appeal No. 920 of 1982 (The State of Madhya Pradesh v. Ganga Singh and others and Criminal Revision No. 458 of 1982 (Narayan Singh v. Ganga Singh and others).

(2.) Facts leading to this appeal in short are that Narayan Singh (P.W. 1) with his mother Jijibai (P.W. 2) had gone to see Ramlila at night on 18-4-1975. His father Dalsingh (P.W. 4) was also away from the house. Bhagwat Singh, brother of respondent Ganga Singh, taking advantage of their absence attempted to merest Narayan Singh's sister Shanta Bai (P.W. 6). Accidently, Narayan Singh accompanied by Sugarlal (P.W. 3) returned and finding Bhagwat Singh molesting Shanta Bai (P.W. 6) hit him with a Jharia. People gathered and Bhagwat Singh escaped. Bhagwat Singh himself lodged the report of being beaten by Narayan Singh. He was, however, prosecuted for offences punishable under S.354 and was convicted. He was also made an accused in this case but died during the trial. This is one incident.

(3.) The other incident related to the assault on Narayan Singh (P.W. 1). It appears that someone conveyed to Ganga Singh that his brother Bhagwat Singh was beaten. Ganga Singh, members of his family and other associates came to the house of Narayan Singh, dragged him out of the varandah and ultimately took him to the house of Bhagwat Singh. He was tied against a pole by a rope and then Ganga Singh first caused burn injuries on the face of Narayan Singh by a burning cigarette. Later he attempted to throw acid on his face and to shoot him but was prevented. He, however, brought an axe and then very brutally chopped off both palms of Narayan Singh in bits. Narayan Singh was later released and was carried home. There he narrated the incident to his mother, Jijibai (P.W. 2) who had come back home by that time. First aid was given to Narayan Singh and then he and his mother, Jijibai (P.W. 2) went to the Police Station that very night and lodged the report, Ex. P-1. It was recorded at 4.15 A.M. on 19-4-1975. The report was signed by Jijibai (P.W. 2). Narayan Singh was then sent to the hospital where he was treated by Dr. Hariom (P.W. 11). The axe was seized. Blood smeared earth was also seized from Bhagwat Singh's house. The articles seized were sent to Chemical Examiner, Sagar and Serologist Calcutta and human blood was affirmed on them including the handle of the axe. After due formalities as many as 18 persons including Ganga Singh, his brother Bhagwat Singh and Raghuraj Singh were prosecuted. Bhagwat Singh and Raghuraj Singh died during the pendency of trial.