BHANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal No. 629 of 89 and Criminal Reference No. 5 of 1989 arise out of judgement and findings, dated 23-6-1989, of the Court of Shri D.P. Verma, A.S.I., Mandla, in S.T. No. 132/88. The appellant Bhansingh Gond has been convicted for the murder of Rajobai, aged 3 years, under S.302, I.P.C. and sentenced to death and the proceedings and the case under S.366, Cr. P.C. have been submitted for confirmation of sentence under S.368, Cr. P.C. This judgement in Criminal Appeal No. 629/89 will also govern the disposal of three Criminal Appeals viz. No. 628/89 (Criminal Ref. No. 4/89), No. 630/89 (Cri. Ref. No. 6/89) and Criminal Appeal No. 631/89 (Cri. Ref. No. 7/89) arising out of judgements delivered on the same date i.e. 23-6-89 (respectively, arising out of Sessions Trials No. 131/88, 133/88 and 134/88), further convicting the appellant-Bhansingh under S.302, I.P.C. for the murders of Gallobai, Sakhiyabai and Vishnu respectively, in which also the appellant has been sentenced to death, and the corresponding Criminal References relate to proceedings for confirmation of the sentence of death under S.368, Cr. P.C. All those four murders took place on the same date at village Gutli and in close proximity of time and places, in succession, sometime between 2.30 and 3.30 hours in the afternoon on 27-2-88.

(2.) (a) According to the prosecution, the accused/appellant Bhansing, a tribal hailing from Gond community, lived in a tribal hamlet, called, Gutli with his wife P.W. Chhitabai. They had seven issues, but all females. The accused laboured under a superstition that if he killed a daughter they would be blessed with a son. (b) It is further alleged, that on 27-2-88, at about 2.30 p.m. while accused's wife Chhitabai was feeding milk to the youngest daughter, Rajobai, aged hardly 3 years, the accused snatched the baby inspite of some resistance by his wife. He caught hold of the feet of the girl and threw her forcibly on the ground, causing thereby, Rajobai's death (subject matter of S.T. 132/88 = Cr. A. No. 629/89). (c) It is alleged, that thereafter, accused became rash and assaulted those who came across on his way. One Mst. Gallobai (deceased) was returning home with a bundle load of empty utensils and some straw on her head. The accused caught hold of braids of her hair and struck her with stone and killed her (subject matter of S.T. 131/83 = Cr. A. No. 628/89). (d) The accused on his way came across Sakhiyabai (deceased) who was similarly stoned to death (S.T. No. 133/88 = Cr. A. 630/89). (e) Allegedly, the accused proceeded further and killed a small buffalo belonging to Vishnu Gond and thereafter, Vishnu Gond (deceased) too was stoned causing dangerous injuries; and ultimately on the next day he breathed his last in the hospital (S.T. No. 134/88 = Cr. A. 631/89).

(3.) It is further alleged, that one Dumari (there are three persons of that name) broke the news of those events to P.W. Samhar singh-Kotwar of the village who went to the place of incident and found three dead bodies with one injured viz. Vishnu. Meanwhile, it is alleged, that the accused had run away towards the jungle, P.W. Dumarsingh s/o Jone Singh, with Phulsingh and others, went in search of accused and ultimately they apprehended him. Accused was tied with a rope, brought in the village, and locked inside a room P.W. Samharsingh Kotwar with some others went to the police station Shahpura, situated about 6 k.m. from village GUTLI where he lodged the F.I.R. (Ex. P-2) on the same date, at 6 p.m., which was recorded by PW Shri Ravishankar Sadse H.C., at P.S. Shahpur. Suffice to state that other formalities regarding Inquests followed which do not call for detailed discussion. P.W. Shri B.K. Shrivastava, SI/IO arrested the accused on 28-2-88 at 12.10 noon. The further allegations are, that accused gave information to PW Shrivastava in presence of Panchas, led them to the place of incident and stones laving blood stains were seized. Since such seizures are not of any consequence, under S.27, Evidence Act and it is unnecessary to refer them further.