STATE OF M.P. Vs. UDAI SINGH

JUDGEMENT

(1.) THE State of Madhya Pradesh has preferred this appeal against the judgment of the High Court acquitting the respondent by reversing the judgment of the III Additional Sessions Judge, Bhind whereby he was convicted under section 302 IPC for committing a string of three murders and section 307 IPC for attempting to commit a fourth murder. Even here, we are constrained to observe that the High Court has chosen to reject the natural evidence of eyewitnesses on the basis of unwarranted conjectures and surmises.

(2.) THE undisputed facts are that three women Ram Piyari, Mathura and Bhagwati were shot dead and Deva daughter of Mathura got injured by gun shots in the night of 6.4. 79 and the respondent remained absconding till he surrendered himself on 25.10.81. The parties belong to the village Kakora within the jurisdiction of Lahar Police Station which is at a distance of about nine kilo metres. The case of the prosecution is supported by the evidence of PWs 1 to 3, eye witnesses for the murder of Ram Piyari, PW s 5 and 6, eye witnesses for the murder of Mathura and PW 4, eye witness for the murder of Bhagwati. PW 6 is the daughter of Mathura and she herself received injuries by gun shots. The occurrence was between 8 and 9 p.m. on 6.4.79 and it was reported in the police station around 10.00 a.m. the next day.

(3.) HE has deposed that the death was caused by the said anti mortem injury and the bleeding from the said injury as well as shock. The trial Court has accepted the aforesaid evidence and concluded that Ram Piyari was murdered by the respondent.