SIDDU DARYAV VALAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal, the ten appellants, Siddu, Anokhi, Gangu balai, Ganga Prasad alias Gangu, Kannu, Narayansingh, Shriram, Karansingh, babu and Umravsingh, have challenged their convictions under section 302/149 of the Penal Code for committing the murder of Ghulu for which each of them was sentenced to undergo imprisonment for life. They have also challenged their convictions under section 307/149 of the Penal Code for attempting to murder Bhairu (P. W. 2) for which each of them was sentenced to undergo five years rigorous imprisonment. All the ten appellants have further challenged their convictions under section 148 of the Penal Code for which each of them was sentenced to undergo rigorous imprisonment for one year. All these sentences have been ordered to run concurrently.

(2.) THE prosecution case is this : The deceased Ghulu Balai was originally the resident of village Kalyanpur. One Ayodhyabai was the widowed aunt of appellant No. 2 Anokhi. She was getting her field cultivated through the deceased Ghuluhi that the deceased had illicit relation with Ayodhyabai. Consequent to this, the appellant Anokhi made a murderous attack on Ghulu in a field resulting in his prosecution under section 307 of the Penal Code. In this prosecution, the appellant Anokhi has been convicted under section 307 of the Penal code on 28-6-1974 and was sentenced to seven years rigorous imprisonment. Because of this assault, the deceased Ghulu left the village Kalyanpur out of fear of the appellant Anokhi and went to live at village Murawar.

(3.) ON December 21, 1973, there was a hearing of the prosecution under section 307 of the Penal Code in which the deceased Ghulu, his son and other relations were witnesses. The appellant Anokhi who was on bail had to attend the Court on this date. Therefore, in the morning at 5 a. m. , the deceased accompanied by his son Bhairu (P. W. 2), mother Hiribai (P. W. 5), minor daughter Sugan (P. W. 4) and a minor son Kailas left for Ashta in a bullock cart. Choukidar of village Murwar (P W. 6) whose name is also Ghulu had to get the licence of bis muzzle loading gun renewed. Hence, he joined the party of the deceased and kept his gun in the bullock cart. At village Kurawar, chand Khan (P. W. 1), his younger brother Nazeer Khan (P. W. 3) and one rehman Khan also joined the party. Against Nazeer Khan (P. W. 3), a challan was expected to be filed in the Ashta Court that day. While going towards Ashta on the way near village Khadi, there is a flour mill where the appellants were sighted armed with Farsi Dharia etc. Seeing the deceased and his relations, the appellants went inside the flour mill. The bullock cart reached pir Batau hillock. Choukidar Ghulu (P. W. 6) was driving the bullock cart. Chandkhan (P. W. 1) and Bhairu (P. W. 2) and Nazeer Khan (P. W. 3) were following the bullock cart on foot. The appellants emerged from the bushes of Pir Batau hillock and started pelting stones at the bullock cart. Chand khan (P. W. 1) and Bhairu (P. W. 2) started running away. The deceased picked up the gun in spile of protests from Ghulu (P. W 6 ). A stone pelted by the appellants struck Nazeer Khan on the parietal region and he fell down. Chand Khan (P. W. 1) picked him up and both of them ran away. The appellants surrounded Bhairu (P. W. 2) and the deceased and assaulted them with farsis, Dharias etc. The deceased fired the gun to save his son and himself which injured the appellant Siddu. Thereafter, raising a call in the name of bajrangbali, the appellants went away.