DEVI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants, in all eight in number, have preferred this appeal against the impugned judgment dated 21-12-1987, passed by Additional Sessions Judge, Khurai, District Sagar in S.T. No. 117/87, whereby the appellants stand convicted under Ss. 148, 302/149 (appellant No. 7 Anirudh Singh under S. 302 simpliciter) and Ss. 324/149, of the Indian Penal Code (for short the IPC), with sentences of rigorous imprisonment for 1 year, imprisonment for life and rigorous imprisonment for 1 year each respectively.

(2.) The prosecution case, in short, is that :- (A) Accused Devi Singh, who was issueless, had asked Khoob Singh (since deceased) and his brother Shivraj, who were residents of a village in Tehsil Sironj, to come and settle down in his village Dhana. Accused-Devi Singh also offered Khoob Singh and Shivraj his agricultural land situated in village Dhana for cultivation and persuaded them to sell their agricultural land situated in Tehsil Sironj. Accused-Devi Singh is said have kept with him the consideration received in the above transaction of sale of land, and in exchange handed over possession of a piece of his agricultural land situated in village Dhana about 10-12 years prior to the incident. Accused-Devi Singh neither executed a sale deed of the above piece of land in favour of Khoob Singh and Shivraj, nor got the same mutated in their names. Though Khoob Singh and Shivraj cultivated the above piece of land peacefully for about 10-12 years, but thereafter some differences developed between them and accused Devi Singh, thereupon tried to take back the possession of the above land, but they did not allow him to do so. As accused-Devi Singh was not handing over the consideration received by him against the sale of the agricultural land, situated in Sironj, Khoob Singh and Shivraj did not give the possession over the land situated in village Dhana. Accused-Devi Singh, being issueless, was keeping accused-Anirudh Singh, Raghuraj Singh and Shivraj Singh, who were his nephews, with him in village Dhana. (B) In the above strained background of relations between the parties, at about 8.30 a.m. in the morning of 24-5-1985, when Khoob Singh was brushing his teeth, all the accused persons came on a tractor to his house, and asked Khoob Singh to accompany them as the time for him to die had come. Accused-Devi Singh, Shivraj Singh and Anirudh Singh were armed with guns, whereas Balram, Raghuraj and Sher Singh with farsas, and the remaining two; Hari Singh and Gajraj with Lohangi and lathi respectively. On Khoob Singh's refusal to accompany them, accused-Anirudh Singh caught hold of him and then all the accused persons made him to sit on the tractor forcibly and thereafter took the tractor towards river side. Shivraj and Sheelrani, brother and wife of Khoob Singh respectively, rushed towards the village raising alarm that Devi Singh and others were taking away Khoob Singh forcibly. In response Munna, Prakash, Kammodha, Mulla, Udda, Mangal, Tijua and Ganpat rushed towards river side. As the tractor carrying the accused persons and Khoob Singh and the abovementioned villagers had followed different routes, for reaching the river side, they happened to come in front of each other at a place known as 'Halkai Ka Khere.' Shivraj and Sheelrani, by standing in front of the moving tractor, forced the accused persons to bring the tractor to a halt. As soon as the tractor became stationary, Khoob Singh jumped out of it and tried to run away. At this juncture, all the accused persons also jumped out of the tractor and Devi Singh exhorted the other accused persons to shoot at him, whereupon Anirudh Singh fired at Khoob Singh. Another shot was fired at Khoob Singh by accused-Devi Singh. Khoob Singh fell on the ground and died an instantaneous death. The villagers, who had come there to save Khoob Singh, were also assaulted by the accused persons as a result of which Mangal, Udda and Mulla sustained several external injuries. The accused persons thereafter fled away. The villagers then brought the body of Khoob Singh in the village and the same was kept in the taparia of Kammodha. (C) As they got the information that the accused persons were way laying on the way to Police Station Bhangarh, Shivraj went to Police Station Bina and lodged the First Information Report at 3.45 p.m. As the place of incident fell within the territorial jurisdiction of Police Station Bhangarh, this report was forwarded to Police Station Bhangarh, giving rise to the registration of a case at Crime No. 4/85, for the offences under Ss. 147, 148, 302/149, 323/149 and 342, of the Indian Penal Code. (D) After observing the necessary formalities, the body of Khoob Singh was sent for post-mortem examination. The Autopsy Surgeon found two wounds of entry and two wounds of exit on the body of deceased Khoob Singh, as detailed in post-mortem report Ex. P/35. In his opinion, the cause of death of deceased Khoob Singh was severe haemorrhage due to the gun shot injury over his chest. On medical examination, injured Mulla was found to have sustained 4 contusions, 1 lacerated wound and 1 abrasion as detailed in the injury report Ex. P/33-A. Udda was also found to have sustained 5 external injuries as detailed in his injury report Ex. P/32-A. Another injured Mangal was found to have sustained 1 contusion, vide injury report Ex. P/31-A. During the course of investigation, one lathi each from accused persons Hari Singh and Gajraj Singh, one farsa each from accused-Seth alias Sher Singh, Raghuraj and Balram; and, one rifle each from accused-Devi Singh and Anirudh Singh were seized. After completing the investigation, Police Bhangarh charge-sheeted all the eight accused persons for the commission of the offences under Ss. 147, 148, 342, 302/149 and 323/149, of the Indian Penal Code.

(3.) The accused persons abjured their guilt and pleaded false implication. Accused-Devi Singh, taking the specific plea of alibi, pleaded that as he had suffered a heart-attack, he was admitted as an indoor patient, in the Hospital at Mungaoli from 16-5-1985 to 30-5-1985.