DHANNA Vs. STATE OF M.P.

JUDGEMENT

(1.) A youngman, by name Nanji, was murdered on 23.8.1980, near Government Degree College, Dhar. The police arraigned five persons for the said murder and the Sessions Judge, after trial, convicted the first two among them (Kanhaiyalal - first accused and Maniram - second accused) of the offence under Section 302 IPC, and acquitted the remaining three persons. State filed an appeal challenging the acquittal and the convicted persons filed another appeal. High Court of Madhya Pradesh while confirming the conviction and sentence reversed the order of acquittal of 5th accused (Dhanna) and convicted him also of the offence under Section 302 IPC. Sentence of imprisonment for life was awarded to all the convicts. We have before us two appeals by special leave, on jointly filed by Kanhaiyalal and Maniram and the other separately filed by Dhanna.

(2.) PROSECUTION set up the following case against five accused. Around 3.30 P.M. deceased Nanji, PW -1 Gopilal and PW -5 Narainlal were proceeding on bicycles along Dhar - Indore Road. Their destination was Nanji's house at Jetpura. As they reached near Government Degree College, all the five accused emerged from the roadside and made a blitz on Nanji. Kanhaiyalal and Maniram were armed with Dhariya, 3rd accused had a pistol and 4th and 5th accused (Dhanna) had sickles with them. Deceased tried to escape but was again attacked by the assailants with their cutting weapons. PW -1 and PW -5 cried for help and thus Nanuram (PW -6) the Peon of the College rushed to their rescue. But by then Nanji had sustained a number of serious wounds on his head and he fell down dead at the spot itself.

(3.) OUT of the four eye witnesses examined by the prosecution Jawarilal (PW -4) did not support the case and the other three witnesses spoke to the prosecution version. Learned sessions judge found the evidence of Nanuram (PW -6) quite acceptable and hence the conviction was based on his testimony. Nonetheless the trial judge was not inclined to convict Dhanna (5th accused) on the strength of the evidence of Nanuram (PW -6). Evidence of the other eye witnesses was found to be not very reliable.