DEVISINGH Vs. STATE

JUDGEMENT

(1.) FIVE persons, namely, Chandansingh, Devi-singh, Udaisingh, Dulesingh and Bhagirathsingh alias Bhagoo Singh were accused of having caused the death of Mansingh and Kalusingh of village Biklakheri, district Shajapur. The learned Additional Sessions Judge, Shajapur, who tried them, has found Udaisingh, Devi Singh and Bhagirath guilty of the offence under Section 302 read with Section 34 of the Penal Code in respect of the murder of Mansingh as also of the same offence for the murder of Kalusingh and, further, under Section 148 of the Code. He has awarded death penalty to each of these three accused for each of the first two offences and a sentence of three years' rigorous imprisonment under Section 148. The other two accused, Chandansingh and Dulesingh, have been similarly convicted under Section 302/34, Indian Penal Code for the murder of Mansingh as for the murder of Kalusingh and each of them has been sentenced to suffer imprisonment for life on each of these counts. He has also convicted these two accused under Section 147 Indian Penal Code and sentenced them to 2 years' rigorous imprisonment. He has further directed that the sentences awarded to Chandansingh and Dulesingh should run concurrently.

(2.) THE trial Judge has referred the matter to this Court under Section 374 of the Code of Criminal Procedure for confirmation of the death sentences, and all the five accused, aggrieved by their conviction and sentences, have preferred an appeal to this court.

(3.) THE prosecution case was that on May 7, 1958, in the noon, Narainsingh P. W. 14, a boy of 10, knocked against a bucket of water which Dulesingh accused had kept near a streamlet outside the village. On this Narainsingh was slapped by Dulesingh, whereupon Narainsingh abused Dulesingh. The latter then hit Narainsingh with a shoe. Narainsingh went away to his house. Let this be called the 'first incident'.