Case: Bahadur Singh &amp; Others Vs. State of Madhya Pradesh

Babu Lal and he has testified that on 7.8.2005 he, his brother Babu Lal and Shiv Narayan along with their servant Bhanwar were coming back from the agricultural field at about 6.30 p.m. and his brother Babu Lal was proceeding alone on his motorcycle and he, Shiv Narayan and servant Bhanwar were coming behind him on another motorcycle and the motorcycle of Babu Lal got stopped all of a sudden and he was trying to get it restarted and at that moment all the appellants holding axe, dharia and sword emerged from the adjoining field and attacked Babu Lal indiscriminately with their weapons and they also threatened him and others not to come forward lest they would also be killed and servant Bhanwar moved forward and he was assaulted and he ran away and after the attack the appellants fled towards Ranayara village. It is the further testimony of PW7 Shanti Lal that they went near and found Babu Lal lying dead in pool of blood and they went to their house in the village and then he went to police station, Aalot on motorcycle and lodged complaint at 7.20 p.m. and PW17 Inspector P.K. Sharma registered the case in Exh.P28 the First Information Report. 8. It is not in dispute that Babu Lal and his brothers were jointly cultivating the land situated at a distance from their village Dudhia. The contention of the learned senior counsel appearing for the appellants is that PW7 Shanti Lal was residing in Aalot and was not in the company of the deceased on the occurrence day and he could not have witnessed the occurrence. In the cross-examination PW7 Shanti Lal has specifically stated that he has a Kirana shop and a house at Aalot and he used to come to Aalot in morning and return to village in the evening and whenever there was work in the agricultural field, he used to stay in the village. On the date of occurrence all the three brothers along with their servant Bhanwar went to their field for spraying pesticides and while they were returning home in the evening, the occurrence had taken place. The testimony of PW7 Shanti Lal that he stayed back in the village on the occurrence day on account of agricultural work is natural and cannot be doubted. 9. Babu Lal was intercepted and attacked by the appellants armed with deadly weapons and on seeing the same, PW7 Shanti Lal and Shiv Narayan shouted at them and they were threatened not to come near lest they would also be killed and on account of fear they did not attempt to rescue Babu Lal at the time of occurrence. In fact, they also witnessed the attack made by the assailants on servant Bhanwar and in such circumstances, the conduct of PW7 Shanti Lal in not going near his brother Babu Lal during the occurrence due to fear is quite natural and the contention raised by the appellants cannot be accepted. The other contention that non examination of Shiv Narayan affects the prosecution case is also devoid of merit. PW7 Shanti Lal withstood the lengthy cross-examination and nothing could be elicited to discredit his testimony. We are satisfied that the testimony of PW7 Shanti Lal is natural, trustworthy and credible and has rightly been relied on by the Courts below. 10. The occurrence took place at 6.30p.m. on 7.8.2005 and PW7 Shanti Lal lodged the complaint at 7.20 p.m. in Police Station, Aalot. According to Investigation Officer PW17 P.K. Sharma the copy of F.I.R. could not be sent in the night and it was despatched next day to the Court. The High Court held that in the totality of the circumstances of the case there was no inordinate delay in sending the F.I.R. to the Court. We concur with the view of the High Court. 11. Babu Lal died of homicidal violence is evident from the medical evidence adduced by the prosecution. The autopsy was conducted by PW16 Dr. Prakash and according to him there were 32 incised wounds and 3 abrasions on the body and the death has occurred due to shock and excessive external haemorrhage due to injury to neck, vessels, air passage and vital parts like brain. Exh.P38 is the Post Mortem Report issued by him. It is clear that Babu Lal suffered a violent death on account of multiple injuries. 12. The appellants on their arrest gave information which led to the recovery of weapons used by them during the occurrence. PW2 Rameshwar, PW5 Pare Singh and PW6 Jagdish have testified that the appellants in their presence gave individual information and took and produced the weapons from the hidden place and they came to be recovered by the investigation officer. The said weapons were shown to PW16 Dr. Prakash and he has also expressed opinion that the injuries found on the dead body could have been caused by those weapons.13. There was also motive for the occurrence. There was a bomb explosion on the day of Holika Dahan which led to the arrest of the accused, who is also one of the accused in the present case and they were having grudge that at the instance of Babu Lal they were implicated in the said case. Besides the above there was enmity on account of election to Shikshak Palak Sangh and meeting of Nirman Samiti in the village which culminated in the present occurrence.14. The High Court after careful and close scrutiny of the evidence entertained doubt with regard to the participation of eight of the accused on account of absence of overt act attributable to them and gave them benefit of doubt and acquitted them. The ocular testimony of PW7 Shanti Lal about the attack made by the appellants herein on Babu Lal is corroborated by the medical evidence and the recovery of weapons pursuant to the information furnished by them. In our considered view the conviction and sentence imposed on the appellants does not call for any interference.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]12. The appellants on their arrest gave information which led to the recovery of weapons used by them during the occurrence. PW2 Rameshwar, PW5 Pare Singh and PW6 Jagdish have testified that the appellants in their presence gave individual information and took and produced the weapons from the hidden place and they came to be recovered by the investigation officer. The said weapons were shown to PW16 Dr. Prakash and he has also expressed opinion that the injuries found on the dead body could have been caused by those weapons.13. There was also motive for the occurrence. There was a bomb explosion on the day of Holika Dahan which led to the arrest of the accused, who is also one of the accused in the present case and they were having grudge that at the instance of Babu Lal they were implicated in the said case. Besides the above there was enmity on account of election to Shikshak Palak Sangh and meeting of Nirman Samiti in the village which culminated in the present occurrence.14. The High Court after careful and close scrutiny of the evidence entertained doubt with regard to the participation of eight of the accused on account of absence of overt act attributable to them and gave them benefit of doubt and acquitted them. The ocular testimony of PW7 Shanti Lal about the attack made by the appellants herein on Babu Lal is corroborated by the medical evidence and the recovery of weapons pursuant to the information furnished by them. In our considered view the conviction and sentence imposed on the appellants does not call for any interference.