STATE OF MADHYA PRADESH Vs. BANSHILAL BEHARI

JUDGEMENT

(1.) THE accused appellant Banshilal son of Biharilal, has been convicted by the additional Sessions Judge, Bhilsa (Camp Rajgarh), for the murders of Banwari, aged 22 years, and his mother, Mst. Bhanwari Bai, under Section 302, and, sentenced to death. The learned Additional Sessions Judge has sent the case to this Court under Section 374 of the Code of Criminal Procedure for confirmation of the death sentence and it is registered as Criminal Case No. 2 of 1957. The accused has also filed an appeal (Criminal Appeal No. 43 of 1957) against his conviction and sentence. Both the cases are being disposed of by a single judgment.

(2.) THE story sought to be proved 'by the prosecution is that Ishwar Maharaj and accused Banshilal are uncle and nephew and that they both lived in their ancestral house in village Barkheda. They also possessed ancestral land measuring about 7 1/2 Bighas. This land was partitioned between the uncle and the nephew about 25 years back. Ishwar Maharaj had no issue and the expectation of Banshilal was that on his death this property will devolve upon him as his legal heir. But Ishwar Maharaj was not favourably inclined towards Banshilal and wanted to leave his property to Banwari, the son of his sister's daughter. In these circumstances, Ishwar Maharaj's sister's daughter Mst. Bhanwari Bai, and, her son banwari lived with Ishwar Maharaj This is said to have caused bitter relations and the accused is said to have borne a grudge towards Mst. Bhanwari Bai and her son banwari, and, he wanted to finish them off so that there may not be any obstacle in the way of inheriting Ishwar Maharaj's property. It is alleged that on 18-6-1956 at about 4 A, M. , when Mst. Bhanwari Bai and her son Banwari Lal were sleeping in the court yard of Ishwar Maharaj's house, the accused who was living in the adjoining house, went there with a sword and first killed Banwarilal. Thereafter he inflicted many injuries with the sword on Mst. Bhanwari Bai also. Ishwari Maharaj (P W. 7) and Ishwar Ahir (P. W. 9), Shivji (P. W. 10) were sleeping outside the house. When they heard the shrieks of Mst. Bhanwari Bai, Ishwar Maharaj thought that perhaps she has had bad dreams and was muttering in her sleep. Soon after this, mst. Bhanwari Bai came out of the house to the place where Ishwari Maharaj P. W. 7 was sleeping and told Ishwari Maharaj, Shivji and Ishwar Ahir that Banwari Lal had been billed by Banshilal and that she too had been injured by him. She conducted these persons (P. Ws. 7, 9 and 10) to the court-yard where they found Banwari dead. After some time Mst. Bhanwari Bai also succumbed to her injuries On seeing these witnesses, the accused is said to have run away. It is said that the accused went to the Police Station Biaora and informed the Officer incharge of Station that some unknown person had killed Mst. Blianwari Bai and banwari, but the Sub-Inspector did not take down the report, all the same he detained Banshilal. At that time, Banshilal did not have either a sword with him nor was he wearing any blood stained clothes. Subsequent to this, a report Ex. P. 1 was lodged by jagannath (who was sent by Ishwar Maharaj) about this incident and because the accused was already at the Police Station, he was arrested. It is significant that in this report, Ex. P. 1 it was not said that Ishwari Maharaj saw the accused killing banwari. What Jagannath reported was "that Bhanwari's maternal uncle Ishwar maharaj was saying that Ban-shi had brought this calamity on them. "

(3.) ACCORDING to the prosecution, there are three eye-witnesses in this case: ishwari Maharaj P. W. 7, Ishwar Ahir P. W. 9 and Shivji P. W. 10.