ARJUN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Arjun Singh has preferred this appeal against his conviction under Section 302 of the Indian Penal Code (for short the IPC), and sentence of imprisonment for life, recorded by IIIrd Additional Sessions Judge, Durg vide judgment dated 8-9-88, passed in Sessions Trial No. 37/87.

(2.) The factual matrix of the case, in a narrow compass, is that though Dhaniram (since deceased) and the four accused persons, including appellant Arjun Singh, were the members of one and the same gang of thieves, but there were some differences between them on account of the competitive feelings and distribution of the stolen property. At about 10.00 p.m. in the fateful night of 13-4-86, when Dhaniram was coming back to his house, the accused persons surrounded him near the 'Paan-Shop' of Mithu, and belaboured him by means of 'ballam' and lathis. Dhaniram, with a view to save himself, tried to run away, but he was followed by the accused persons, who belaboured him again. Injured Dhaniram somehow reached his house and disclosed about the incident to his wife Vimla Bai. Dhaniram himself lodged the First Information Report at 3.30 a.m. on 13-4-86 (sic), at P. S. Chawni District Durg giving rise to the registration of a case at Crime No. 373/86. Injured Dhaniram was sent to District Hospital, Durg for his treatment. On 13-4-86 (sic) itself, his dying declaration was recorded by R. K. Sharma, Naib Tehsildar, Durg. Dhaniram succumbed to his injuries on 20-4-86. After observing the necessary formalities of preparing inquest memo etc., his body was sent for post-mortem examination. The Autopsy Surgeon found two stitched wounds and two incised wounds on his body, as detailed in post-mortem report Ex. P/5, and in his opinion, the cause of his death were the injuries on his head region. During the course of investigation, all the four accused persons were arrested and in pursuance of the information given by them under Section 27 of the Evidence Act, one ballam from Arjun Singh and one lathi each, from the remaining three accused persons were seized. Though these articles were sent for chemical examination, but presence of blood on none of these articles was confirmed. After completing the investigation, Police Chawni charge-sheeted accused persons Arjun Singh, Mithu @ Mathew, Nandlal and Ashok Agrawal for the commission of the offence under Section 302 of the I.P.C.

(3.) All the accused persons abjured their guilt and pleaded false implication to the charges, framed by the trial Court, under Section 302 of the I.P.C.