Guru Dev Singh vs State Of M.P

3.Brief facts leading to the filing of First Information Report and the present case/appeal are that on 18.11.1986 the complainant-Hardev Singh lodged a written complaint which was exhibited in the trial as Exhibit P.1 in the Police Station-

Pichhore contending inter alia that his brother Bhola Singh alias Kamal who was residing in Village Sarnagat had gone to Janakpur via Village Badera to purchase seeds of chana on 17.11.1986 along with Sukhdev Singh and that at about 8.00 p.m. when they reached near the tapra of Dilip Singh, Raju, son of Dilip Singh, armed with kirpan [sword]; Baldev armed with lathi and Chhidda alias Gurudev armed with lohangi met them. It was also stated therein that accused Baldev and Bhola Singh had enmity towards each other as Bhola Singh wanted the sister of Baldev to marry Lakkha Singh but Baldev did not want the same and because of that the accused persons attacked Bhola Singh and Suveg Singh whereupon both of them were injured. It was alleged that Bhola Singh fell down due to the serious injuries sustained by him whereas Suveg Singh after being injured ran away to save himself and told this 2 fact to Hardev Singh. Thereupon Hardev Singh alongwith his brother Billa, Bhiru and Suveg Singh returned back to the place of occurrence to save Bhola Singh alias Kamal but they could not find him at the place of occurrence and that only in the morning they could find the dead body of Bhola Singh in the nala near the tapra of Dilip Singh. The dead body of the decease was then taken out whereupon it was found that the deceased was injured by sharp edged and hard and blunt objects. Consequently, the First Information Report was lodged by Hardev Singh on the basis of which a criminal case was registered being Crime No. 193/1986. The police after investigation filed challan against the accused persons, viz., Baldev Singh, Chhidda alias Gurudev Singh and Raju for the commission of offence under Section 302 read with Section 34 and under Section 307 read with Section 34 of the IPC.

5.On the basis of the charge sheet filed as against the appellant and also two other accused persons the case was committed to the Sessions Court. Evidence was adduced by the prosecution, on completion of which, the statement of the accused under Section 313 Cr.P.C. was also recorded.

6.The learned Sessions Judge after perusing the evidence on record passed an order of conviction against the accused for commission of offence under Section 302/34 and Section 307/34 of the IPC and passed an order of sentence to undergo life imprisonment for the offence under Section 302/34 IPC and also imposed fine of Rs. 5,000/- and in default of payment of fine, to further undergo one year additional rigorous imprisonment. The Sessions Court also passed an order of sentence under Section 307/34 of the IPC ordering the accused to undergo rigorous imprisonment for seven years and also imposed fine of Rs. 2,000/- and in default in payment of fine, to further undergo six months' additional rigorous imprisonment.

7.Being aggrieved by the aforesaid judgment and order of conviction passed by the Sessions Judge, Raju and the present appellant filed appeals before the High Court of Madhya Pradesh. We are informed that one of the accused, viz., Baldev Singh had died in the meantime. The High Court took up the appeals filed by Raju and the present appellant for consideration and by a judgment and order dated 03.08.2007 maintained the order of conviction of the accused persons, including the appellant herein, under Section 302/34 IPC and also maintained the sentence of imprisonment passed against them. The High Court, however, set aside the conviction under Section 307/34 IPC and instead the accused persons were convicted under Section 323/34 IPC, for which, no separate sentence was passed as they were already convicted for life under Section 302/34 IPC.

8.As against the aforesaid judgment and order the present appeal is filed only by Gurudev Singh. We are informed at the Bar that accused Raju has not filed any appeal as against his order of conviction and sentence. Therefore, in the present appeal we are concerned only with the order of conviction and sentence passed by the Sessions Judge and confirmed by the 5 High Court under Section 302/34 of the IPC as against the present appellant, Sri Guru Dev Singh.

14.There is a categorical statement of PW-1, the eye-witness, that the present appellant-Chhidda alias Gurudev Singh and other accused persons caused serious injuries on the head and body of the deceased by inflicting injuries by weapons like lohangi, kirpan and lathi which they were carrying with them. It was also stated by him that Chhidda alias Gurudev Singh, the present appellant, gave PW 1 a blow of lathi on his hand while Baldev gave him a blow of lathi on his waist/back and the third blow was given by Chidda on his back, after being so hit and on the realizing that the accused persons would kill him he ran away from the place of occurrence and reported the matter to his father Pyarasingh who came along with him and other persons to the place of occurrence but they could not find Bhola Singh after searching throughout the night. They could find the dead body of Bhola Singh only on the morning of 18.11.1986 in a nala near the tapra of Dilip Singh whereupon they returned back to Janakpur and lodged the report.

15.Lakkha Singh [PW-2], who is also an eye-witness to the said occurrence, has clearly stated that all the three accused persons hit Bhola on his head, hands and legs and also hit Suveg Singh [PW-1] when he tried to rescue Bhola Singh whereupon Suveg Singh ran away from the spot. He also stated that Baldev Singh, Gurdev Singh and Raju lifted Bhola Singh and took him towards the nala. This eye-witness has further stated that he further followed them stealthily by remaining 8- 10 steps behind them and then the accused persons threw Bhola Singh in the nala and at that time also Bhola Singh was crying and pleading with the accused persons but Baldev Singh again beat Bhola Singh there with lathis and accused Chidda alias Gurdip Singh beat Bhola Singh with lohangi. Thereafter accused Raju said that Bhola Singh is dead now and thereupon all the accused persons left the body of Bhola Singh there and went away towards their tapras. Thereafter he [PW-2] returned back to his Village-Sarnagat and on the next day he went to the Village-Janakpur and narrated the facts to Hardev Singh.

29.Considering the entire evidence on record, we are satisfied that the appellant is guilty of the offence committed under Section 302/34 of the IPC as also under Section 323 /34 of the IPC and, therefore, the order of conviction and sentence passed by the High Court of Madhya Pradesh against him is found to be justified. We, therefore, find no merit in this appeal which is dismissed.

.............................................J [Dr. Mukundakam Sharma] .............................................J [Anil R. Dave] New Delhi, May 10, 2011.