Swami Prasad vs State Of Madhya Pradesh

Appellant herein claimed = share in the property of PW-3. PW-3, however, declined to give him = share stating that he had three sons and all the sons would get equal shares.

PW-4 Ram Sahay, (brother of the deceased) and the deceased at that point of time were minors. They were taking bath at a well. PW-4 after taking bath left for his house. Appellant, in the meanwhile, went towards the well with an axe in his hand. While the deceased was taking bath, he allegedly assaulted him by giving two or three blows with his axe on his neck saying that 'he had done the division in two parts'. He also gave an exhortation that whoever would come would be killed; upon hearing of which, PW-1, PW-2 and PW-3 allegedly entered their respective houses. PW-6, Ramshri (sister of the deceased and PW-4), who was standing near her house, heard the alarm that the appellant had killed Rameshwar, came to the spot and found her brother lying in an injured condition. She immediately alarmed her brother PW-4 not to come from his house. Appellant from the place of occurrence went to the Police Station, Niwari. He purported to have made a statement before the officer in charge at the Police Station, disclosing that Rameshwar had been killed with the axe carried by him in his hand. At that point of time, one Rajendra Shekhar, who was an advocate as also a journalist was present in the Police Station. He examined himself as PW-11.

On the basis of the said information, the officer in charge of the Police Station came to the spot. PW-1 made the following statement before him :

On the basis of the said information, Shri Tiwari came to the spot and recorded the First Information Report.

Therefore you will get only one third share. At that time, Ram Sahai, Rameswar were taking bath on the well. After a short time, Ram Sahai went to, Swami Prasad armed with an axe reached the well where Rameswar was bathing and suddenly make strike with axe two three times and shouted "see", there are two parts. We saw dying Rameswar thereafter Swami shouted "come" all to be killed. Raj Kumar, Dewaki Nandan and I ran and entered in the house. Swami Prasad kept on waiting with axe for some time and then moved towards Niwari. Till now, I stayed at the home on account of fear. Having come there, I saw, there were axe injuries on Rameswar's neck and he had died. Therefore, I lodge this report. Investigation may be done.,"

Similarly, he furthermore stated :

He went to the Police Station with the axe and blood-stained clothes;

Although he did not make any categorical statement that he had killed the deceased, his statement to the effect that Rameshwar had been killed with the axe which he had been holding is sufficiently indicative of the fact that it was he who had killed the deceased. His statement is to be read reasonably and in its entirety. So read no other meaning can be attributed thereto.

For the reasons aforementioned, we do not find any merit in this appeal which is dismissed accordingly.

Appellant is on bail. He is directed to surrender forthwith and serve out the remaining sentence, failing which, the Chief Judicial Magistrate concerned shall take proper steps for his apprehension.