STATE OF MADHYA PRADESH Vs. BHAGWANSINGH

JUDGEMENT

(1.) This is State's appeal against acquittal of 16 accused/respondents of charges of forming unlawful assembly with object to commit murder and mischief and in pursuance of their common object committing triple murder of Amarnath, Hariram and Surendra on 11-11-85 between 10-11 p.m. in village Sarai, P.S. Piplod, Dist. Khandwa. The judgment was passed in S.T. No. 38/86 by Addl. Sessions Judge, Burhanpur, Dist. Khandwa on 24-6-87.

(2.) The acquittal is based mainly on the probability that all the accused might have acted in self defence. Accused Ramsingh suffered one injury resulting in fracture of right frontal and temporal bone, while Bhagwansingh suffered simple injuries on his little finger and Roopsingh suffered simple injuries on the upper part of his right hand. These were blunt weapon injuries. The trial Court had rejected the testimony of eye-witnesses including injured witnesses namely PW 7 Kiran, sister of deceased Surendra, PW 12 Mukesh, nephew of Hariram and Amarnath, PW 22 Jagdish, son of deceased Amarnath. One eye-witness PW 23 Habib became hostile and said that he had seen only a crowd and no violence.

(3.) The FIR had been recorded on the statement of PW 22 Jagdish at 2 a.m. in the night between 11-12 November, 85 in the form of Dehati Nalishi Ex.P-77. This statement was given by Jagdish to investigating officer PW 24 Ramsingh. He had gone to the spot that night at about 1-00 a.m. as accused Sardarsingh had gone to the police station at 11-30 p.m. and made a report Ex. D-5 that in his village Sarai, his brother Bhagwansingh and Roopsingh were being beaten by Amarnath, Jagdish, Surendra and Hariram. Sardarsingh had gone to the police station along with Hiralal. S.H.O. Ramsingh reached the spot of incident. He noticed 3 deceased lying sprawled at various points. Amarnath was already dead and other two had still their breaths though they were seriously injured with large number of injuries and were unconscious. The place of incident was near the house of the deceased as also near the house of the accused. Doors and roof tiles of the house of the deceased were found broken with stones. The house of the deceased is in the immediate neighbourhood of the house of the accused. The S.H.O. recorded the statement (Ex.P-77) of PW 22 Jagdish at 2 a.m. According to his narration, that evening they were at their house watching T.V. Amarnath and Hariram were also in the house watching T.V. He was about to start his meals when they heard the cries of Bachao-Bachao raised by Surendra. They noticed all these 16 accused (all 16 are named in the statement) were assaulting Surendra with lathis, Dhariya, Khartaliya and Pata. Hariram went to intervene. These accused attacked him. Then Amarnath went forward and they assaulted him also. Ramsingh called out to others, "Yahi Sala Sab Kuchh Karta Hai, Aaj Isko Bhi Khatam Kar Do". Ramsingh, Bhagwansingh, Sardarsingh, Roopsingh, Dhyansingh attacked Amarnath with lathis and other weapons. This witness rushed forward to save his father and he was also attacked by these accused. He ran away to the house to save himself. The accused then threw stones on the house which broke roof tiles and doors and also damaged the walls. The background of enmity between the parties in which this incident has occurred is also narrated by him and is not in dispute. It was stated that there were few mango trees on the boundary wall of field of Ramsingh. The deceased already claimed to have purchased them about 50 years back and they were collecting its fruits. But about a year back during settlement the revenue authorities depicted these mango trees in the field of Ramsingh. So Ramsingh wanted to collect the fruits and so they quarrelled with the deceased. There had been reports to the police on this count between the parties and even proceedings u/S. 107, Cr. P.C. had been started by police against both sides. However, at the relevant time of this incident there was no fruit on the trees and the immediate cause of the dispute could not be known.