SAHEB SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this Criminal Appeal, 2 appellants, Saheb Singh and Amolsingh have challenged their conviction under Ss. 302 and 326 read with S. 34 of the Penal Code for which each one of them has been sentenced to undergo imprisonment for life and rigorous imprisonment for a period of 3 years, respectively by the Additional Sessions Judge, Bhind, in Sessions Trial No. 141 of 1947 decided on 5th July, 1975.

(2.) The prosecution case may briefly be stated thus. Deceased Chhotesingh was in cultivating possession of the agricultural land bearing survey number 724 in village Bagulari since long before the incident, which took place on 18th July, 1974 at about 8.30 a.m. On the western side of Khasra number 724 the adjoining land bearing Khasra number 1114 is said to have been purchased by appellant Saheb Singh from one Jaisiram and other, about a couple of months before the incident. There was a Babul tree on the Medh between the aforesaid two survey numbers. The deceased Chhotesingh claimed that the Babul tree was on his survey number 724 and belonged to him while the appellant Saheb Singh claimed that the Babul tree existed in his field survey number 1114 and belonged to him. The house of deceased Chhote Singh and those of the appellants and other acquitted accused persons are situated close by in the same village. In the previous evening of the day when the incident occurred the deceased Chhotesingh told to his sons and nephews outside his house that next morning they would cut the Babul tree. The appellant Saheb Singh overheard the declaration of deceased Chhote Singh and, therefore, refuted the claim of the deceased Chhotesingh and asserted his own claim over the Babul tree. But deceased Chhotesingh re-emphasised his claim over the tree and expressed his determination to cut it. Next day, that is, on 18th July, 1974 deceased Chhotesingh armed with his licensed gun, a belt of cartridges hung around his shoulder and accompanied with his sons and nephews namely, Vishwanath Singh (P.W. 9) who was having a spade, Rakshapal Singh (P.W. 11), Jagdish, Shishupal Singh (P.W. 7) and Rajendra Singh (P.W. 10) reached the field where the Babul tree was standing. Fatehsingh (P.W. 1) real brother of deceased Chhote Singh was also there grazing his camel nearby.

(3.) The prosecution case further was that at the same point of time, the acquitted accused Mansingh armed with a lathi, acquitted accused Chhutalla and Budhsingh armed with Farsas, appellant Saheb Singh armed with his 12 bore single barrel licensed gun and appellant Amolsingh armed with 12 bore country made pistol, also arrived there in the field where the Babul tree was standing. After the rival parties reached the place of occurrence, Vishwanath (P.W. 9) the son of the deceased was first to start digging the earth at the root of the Babul tree, whereupon appellant Saheb Singh protested. Both the parties again asserted their respective claims over the tree and their determination to cut it. At this stage, appellant Amolsingh fired his 12 bore country made pistol at Shishupal Singh (P.W. 7) who sustained injuries in his legs by the gun shot. Appellant Saheb Singh also fired at deceased Chhotesingh who sustained gun shot injury in his chest. Deceased Chhotesingh fell down and died on the spot. The 3 acquitted accused persons then assaulted Rakshapal Singh (P.W. 11) and Wishwanath (P.W. 9) with their lathis and Farsas causing injuries on their persons and then all the accused escaped in the Jungle. Fatehsingh (P.W. 1) brother of the deceased who had seen the entire incident went to the police station Pawai situated at a distance of about 7 miles where he lodged the first information report (Ex. P/1) the same day at about 11.30 a.m.