VASUDEO RAMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has challenged his conviction recorded by the First Additional Sessions Judge, Morena, in Sessions Trial No. 56/1984. The appellant was charged for having committed an offence punishable under Section 149 read with Section 302, Indian Penal Code, but he was convicted under Section 302, indian Penal Code, and sentenced to imprisonment for life.

(2.) JAGDISH Prasad, appellant Vasudeo, Ramniwas, Munshilal and Sukhprasad are all brothers and sons of Ram Singh. Against all these five brothers, the First Additional sessions Judge, Morena, framed charges under Sections 147 and 149 read with Section 302, indian Penal Code for having committed the murder of Siyaram on 28-11-1982 in village Nepri. The trial Court has acquitted Jagdish Prasad, Ramniwas, Munshilal and sukhprasad from the charges for which they were tried, but convicted the appellant under Section 302, Indian Penal Code, simpliciter by the impugned judgment. The appellant was found guilty for haying committed an offence punishable under Section 302, Indian Penal Code, for which he was not charged separately.

(3.) THE prosecution case during the trial was that on 28-11-1982 at about 5. 00 p. m. while deceased Siyaram was driving his motor cycle with pillion rider Damodar Prasad (P. W. 1) towards Police Station Kailaras, the appellant placed his bicycle in front of his motor cycle and, consequently, the deceased Siyaram was stopped. It is alleged that the appellant called his brothers, who were acquitted at the trial, and exhorted to kill siyaram. The deceased is alleged to have been assaulted by the appellant and the acquitted accused persons with hard blunt instruments, slaps and kicks, and then was allegedly thrown in a well. Admittedly, inside the well there was an angled iron affixed in the middle for the support of the pumping machine, upon which he fell and sustained several injuries and fractures. He was rescued and taken out from the well by Sunderlal (P. W. 3), Shankarlal (P. W. 4), Mangalia (P. W. 6) and Gyasi (P. W. 10 ). He was rushed to primary Health Centre, Kailaras, where he is alleged to have died. A report Dehati nalishi (Ex. P. 1) was allegedly got written at the Primary Health Centre, Kailaras, and the same was registered on 29-11-1982 at 8. 00 p. m. which is Ext. P. 13. Investigating officer Abhai Singh Kushwah (P. W. 9) is said to have arrived at the well, prepared inquest report (Ex. . P. 2) and then sent the injured to the Primary Health Centre. During the trial, the prosecution examined Damodar Prasad (P. W. 1), Sunderlal (P. W. 3), shankarlal (P. W. 4) and Mangalia (P. W. 6) as eye-witnesses. Dr. R. P. Agrawal (P. W. 2)was examined to prove the post mortem report (Ext. P. 6 ). The defence of the appellant during the trial was that on the date of the incident he was proceeding to Kailaras on bicycle. He met deceased Siyaram and Damodar Prasad (P. W. 1) travelling in a motor cycle. They complained to him that acquitted accused Jagdish Prasad had quarrelled with Siyaram. Upon this, the appellant is said to have said : "if Jagdish Prasad goes to your house you kill him but you also counsel your (Damodar Prasad's) daughter-in-law anguri Bai (P. W. 5) not to encourage Jagdish Prasad to illicit relationship. " Damodar prasad (P. W. 1) is said to have rebuked his son Siyaram and, out of shame, he jumped into the well and sustained the injuries. The acquitted accused persons pleaded alibi. The learned trial Judge recorded his findings, which are being capsulised below :