GOKUL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed by the accused persons against the judgment and order dated 8-8-95 passed by IInd Additional Sessions Judge, Shajapur, in S.T. No. 242/93 whereby the appellants Gokulsingh, Bhavarlal and Babulal were convicted for the offence punishable under Section 302/34 of the IPC and sentenced to life imprisonment and to pay fine of Rupees 1,000/- each, in default of payment of fine, further six months' S.I. for having committed murder of Gokulsingh s/o Nirbhaysingh.

(2.) The prosecution case, in brief, was that on 14-4-93 in the morning, the deceased Gokulsingh who was a practising advocate and his son Meharbansingh (P.W. 3) aged about 12 years, went to their well in village Narval, District Shajapur. The deceased went to answer call of nature in the field of Babulal Teli. All of a sudden, the appellants Gokulsingh, Bhavarlal and Babulal armed with sword, farsi and dhariya and co-accused Lalsingh s/o Heeralal with knife and Chander Singh, Mansingh, Kalusingh, Dhannalal and Lalsingh s/o Pannalal armed with lathis, came on the spot and surrounded the deceased and assaulted him with their respective weapons. Meharbanshingh seeing this, ran to his house and told his grand-father Nirbhaysingh (P.W. 6) at flour mill and his uncle Heeralal (P.W. 2) at his house that his father Gokulsingh was being assaulted. Heeralal (P.W. 2) and Devsingh (P.W. 4) went to the spot. They saw the accused persons assaulting the deceased. Nirbhaysingh (P.W. 6) also went there. He saw the accused persons running from the spot with their respective weapons. Gokulsingh was badly injured. He was put in a tractor and was taken to P.S. Agar where Heerala Yadav (P.W. 2) lodged FIR Ex. P. 4 which was recorded by A.S.I. S.R. Parihar (P.W. 12). The injured was referred to civil hospital Agar where Dr. A. S. Khan (P.W. 1) examined him and found the following injuries :

(3.) . Shri H. S. Oberai, learned Senior Counsel for the appellant No. 1, submitted that the learned Trial Jude committed error in putting reliance on the testimony of the prosecution witnesses. They are close relatives of the deceased and their evidence is full of contradictions and omissions. The dying-declaration of the deceased recorded by Dr. Khan and his statement recorded by Sub-Inspector Bhaizan Khan (P.W. 13) u/S. 161 of the Cr. P.C. cannot be relied. The deceased was not in a position even to speak. He submitted that someone had killed the deceased in the darkness of the night and the appellants have been falsely implicated due to enmity. Shri Warsi L/c for the Appellants Nos. 2 and 3 adopted the arguments advanced by Shri Oberai. Shri Desai, G.A., supported the impugned judgment and submitted that the statements of the prosecution witnesses have been corroborated by medical evidence and other material on record.