GHANSHYAM DAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In all seven persons were prosecuted for causing murder of one Gulab Singh. Out of these five persons have been convicted under Section 302 read with Section 34 of the Indian Penal Code. They are the appellants in Criminal Appeal No. 76/83 and Cr. Appeal No. 128 of 1983. Remaining two namely, Nandi alias Nand Kishore and Bholanath were acquitted. The State has filed appeal against their acquittal and that appeal is Criminal Appeal No. 491/83. This judgment shall govern the disposal of all those three appeals.

(2.) According to the prosecution, on 11/10/1980 at Nayagaon near a trisection of road known as Atrar the appellants beat Gulab Singh. Acquitted accused Nandi alias Nand Kishore had a double barrel gun while another acquitted accused Bholanath was standing there. They were telling others to kill Gulab Singh. Gulab Singh lay injured on the spot. The incident was seen by Deen, (P.W. 12) and Harbal Singh (P.W. 13). Gulab Singh was kept in a Bus and after his relatives were informed, he was taken to Palera Hospital, all injured. On Gulab Singh narrating the incident in the hospital, Roop Singh lodged a report (Ex. P-20). In the hospital Gulab Singhs dying declaration was recorded by Dr. S.K. Pathak (P.W. 15). It is Ex. P-21. Gulab Singh died in the hospital at night the same day. Post mortem examination of his body was performed by Dr. S.K. Pathak (P.W. 15). It is (Ex. P-28). According to Dr. S.K. Pathak, A.S. (P.W. 15), Gulab Singh died as a result of injuries sustained by him and his death was homicidal.

(3.) During investigation after the arrest of the accused, certain articles were recovered and seized at the instance of different accused. Blood stained earth was seized from the spot. Some of the articles seized were found stained with human blood. At the trial Gorelal (P.W.11), Deen (P.W. 12) and Harbal Singh (P.W. 13) were examined as eye-witnesses. The dying declaration (Ex. P-21) recorded by Dr. Pathak was also relied upon. All this evidence has been accepted by the learned Additional Sessions Judge who tried the accused. The learned Judge found that accused Nandi Nand Kishore and Bholanath did not share any intention with the others to cause death of Gulab Singh nor did they participate in the incident at all. He, however, accepted the evidence regarding the other five accused and convicted and sentenced them as aforesaid.