Bhanwar Singh & Ors vs State Of M.P

since deceased), Nanuram (A-8 - since deceased) and Umrao Singh (A-7- since deceased) were tried and held guilty for commission of offences punishable under Sections 302/149, 147, 148 and 307/149 of the Indian Penal Code (IPC). They were sentenced to undergo imprisonment for 2 life for commission of the offence under Section 302/149 IPC; three months' rigorous imprisonment for the offence under Section 147 IPC and a fine of Rs.100/- each.

2. Accused persons, namely, Shyam Singh (A-1), Manohar Singh (A-2), Laxman Singh (A-3), Mohan Singh (A-4), Rattan Lal (A-5), Kripal Singh (A-16), Bhupendra Singh (A-17) and Kuber Singh (A-18) were found guilty also under Section 148 IPC and sentenced to undergo rigorous imprisonment for three months and fine of Rs.100/- each.

3. The prosecution case is as under :

6. The post-mortem examination on the body of the deceased Prem Singh was conducted by Dr. Murlidhar Varun (PW-2). He also examined the other injured witnesses. Another doctor, viz. Dr. Sunil Jamindar (PW-1), a Radiologist, also examined some injured witnesses.

7. Jaswant Singh is an injured eye-witness. Other injured witnesses are Hakam Singh, Ram Pratap Singh, Bhom Singh, Rajendra Singh and Bharat Singh. Three prosecution witnesses, namely, Babu Khan (PW-

11), Meharban Singh (PW-22) and Babu Lal (PW-23) were declared hostile. As Kripal Singh (A-16), Bhupendra Singh (A-17) and Kuber 5 Singh (A-18) were shown as absconders, their cases were separated and the trial proceeded against rest of the 15 accused persons. During the trial, however, they were arrested, whereafter it continued. The prosecution witnesses were recalled for cross-examination on behalf of the aforementioned accused persons witnesses who had been absconding and were arrested subsequently.

(iv) Appellants being not the aggressors and as three of them suffered injuries during the free fight, in exercise of their right to self- defence, had a right to cause injuries on the prosecution witnesses.

(vi) Participation of the accused by firing a shot from his gun upon Prem Singh cannot be said to have been established, as the gun snatched from Bhupendra Singh (A-17) was found to be only a toy gun.

14. The principal allegations are against Kripal Singh (A-16), Bhupender Singh (A-17) and Kuber Singh (A-18). They are said to have caused the death of Prem Singh by aiming gun shot injuries on him and other prosecution witnesses. They are appellants in Criminal Appeal No. 10 301 of 2007. Shyam Singh, Laxman Singh, Mohan Singh, Rattan Lal, Umender Singh and Kripal Singh (A-12) are alleged to have committed various overt acts causing injuries to a large number of prosecution witnesses. They are appellants in Criminal Appeal No. 302 of 2007. So far as the appellants of Criminal Appeal No. 300 of 2008, namely, Bhawar Singh, Karan Singh, Mangu (A-15), Bhim Singh, Narwar Singh and Mangu Singh (A-10) are concerned, no overt act had been attributed to them.

15. All the appellants in this appeal, however, have been convicted by the learned Trial Judge under Section 302/149 IPC and sentenced to undergo rigorous imprisonment for life, under Section 148 IPC and sentenced to undergo three months' rigorous imprisonment and a fine of Rs.100/- each as also under Section 147 IPC and sentenced to undergo three months' rigorous imprisonment with a fine of Rs.100/- each.

16. The prosecution in support of its case examined 27 witnesses. Three of the witnesses, namely, Babu Khan, Meharban Singh and Babu Lal have been declared hostile. Jaswant Singh, Ram Pratap Singh, Bhom Singh, Rajendra Singh and Bharat Singh are injured witnesses. Shivnath Singh is the first informant. He also sustained injuries. Apart from the aforementioned injured witnesses, Hakam Singh, who is the brother of 11 the deceased is said to be an eye-witness. Vikram Singh (PW-16) reached the place of occurrence immediately after the incident. Bhupendra Singh (PW-21) is also said to be an eye-witness. Other important witnesses who have been examined by the prosecution are Dr. Sunil Jamindar, Radiologist (PW-1) and Dr. Murlidhar Varun, Assistant Surgeon (PW-2), who performed the autopsy on person of the deceased. Some witnesses have also been examined by the prosecution, who are witnesses to recovery, namely, Radha Charan Singh (PW-5) is panch witness to recovery of Ex.P-36, Swaymbar Lal (PW-6), a witness to recovery of Ex. P-37, Kalu Singh (PW-7), Abdul Karim (PW-8) witness to recovery of tractor, Jiwan Singh (PW-9) witness to the recovery of clothes (Ex.P-49) and Dayaram (PW-10) witness to recovery of letter Ex. P-51, Gabbu Khan (PW-14) witness to recovery of gun from Shivnath Singh, Sewa Ram (PW-15) witness to recovery of `Farsi' and Sardar Singh (PW-25) witness to the recovery of empty cartridges. The investigation had been carried out by Satish Kumar Mehra (PW-26) and Bhanu Pratap Singh Bhadoriya (PW-27).

17. Before we proceed to analyse the deposition of the witnesses, we may also notice that the injuries are said to have been suffered by Prem Singh (deceased) as also the prosecution witnesses Jaswant Singh, Ram 12 Pratap Singh, Bhom Singh, Rajendra Singh and Bharat Singh. Three of the accused persons are also said to have suffered some injuries viz. Manohar Singh, Mohan Singh and Laxman Singh.

18. The fact that there are two groups in the village, one belonging to Bhupendra Singh and the other Jaswant Singh is not in dispute. Bhupendra Singh (A-17) contested the Panchayat elections against Vikram Singh, wherein the latter lost.

19. Allegedly, owing to political and group rivalry, the complainant party drove their cattle inside the field of Laxman Singh. A First Information Report was lodged by him 8 or 9 days prior to the day of incident against Chhotey Singh and Vikram Singh for causing damage to his crops. Laxman Singh also lodged first information report against Bhom Singh and Kalu Singh for having been assaulted by them.

20. In the First Information Report, it was alleged that on 25.10.1984 at about 2.30 p.m. at village new Kanthariya persons from both the parties had assembled. There was exchange of abuses. Jaswant Singh had requested Ram Pratap Singh, Prem Singh and Bhom Singh and accused persons, namely, Mohan Singh, Manohar Singh, Kripal Singh (A-12), Laxman Singh and Karan Singh, not to hurl abuses to each other. He intended to pacify them. Kripal Singh (A-16), Bhupendra Singh @ 13 Bhopal Singh and Kuber Singh armed with 12 bore guns came on a tractor, which was being driven by Bhanwar Singh. It is not in dispute that Laxman Singh was armed with Dhariya, whereas Manohar Singh was armed with spear and stone and the other accused persons were armed with lathis. As soon as Jaswant Singh asked them not to quarrel, a stone was pelted at him by Manohar Singh, which caused an injury on his head. He fell down on the ground. Thereafter, accused Shyam Singh and Kripal Singh (A-12) caused injuries to him by dhariya. Bhupendra Singh (A-17) fired a shot at the chest of Prem Singh (deceased). Kripal Singh (A-16) and Kuber Singh had also shot fires at Bhom Singh, Meharban Singh and Babu Lal. Other prosecution witnesses, as noticed hereinbefore, were also injured. The First Information Report was lodged at about 05.45 p.m.

23. The High Court also took into consideration the fact that Jaswant Singh had suffered a fracture on his parietal bone as also three other fractures on different parts of his body, which in the opinion of Dr. Murlidhar was caused by the hard and blunt substance. The testimony of Shivnath Singh, who is the first informant, as regardss the manner of occurrence as also the roles played by the accused persons have been taken into consideration. The High Court, however, noticed that the gun purported to have been snatched by him from the accused Bhupendra Singh had not been sent to the ballistic expert. It was also noticed the 16 omission on the part of the first informant who had not mentioned in the First Information Report that accused Kripal Singh (A-12) had caused injuries on the head of the deceased Prem Singh by dhariya, as a result of his forgetfulness, but the same was not material.

26. At this stage, we may also notice the statement of Bhom Singh, who examined himself as PW-19. According to this witness when both the sides had been hurling abuses against each other, Jaswant Singh, knowing both the parties, went to make them see reason, and at that point of time, he was attacked. He also rushed there. He was hit by a gun shot injury. He became unconscious. According to him he had also been assaulted by dhariya on his face below the eye. This witness also accepted that Shivnath Singh and Ram Pratap Singh were holding lathis. 18

57. They are, therefore, must be held to have found a common object for causing death of Prem Singh. They are sentenced to undergo 10 years' rigorous imprisonment each.

60. We are, therefore, in a position to rely solely upon the statement of Hakam Singh (PW-17) in this behalf. Similarly, participation of Kripal Singh and Kuber Singh is also beyond any doubt. He came in the tractor having a gun. Kuber also came with a gun and fire a shot at Bhom Singh, Meharban Singh (PW-22) and Babu Lal (PW-23). The statement made in the First Information Report has been supported by Shiv Nath Singh (PW-13), Hakam Singh (PW-17), Ram Pratap Singh (PW-18), Bhupinder Singh (PW-21) as also Bharat Singh (PW-24).

We do not agree with the judgment of the Trial Court that throwing of stone on Jaswant Singh should not be believed. It is also difficult to accept the submission of Mr. Jain that at the second stage, it was Bhom Singh (PW-19) who had inflicted injury to Kuber Singh. A statement in this behalf has been made by Ram Pratap Singh (PW-18). We have also noticed hereinbefore the consistent statements made by other eye-witnesses some of whom are injured. One statement by one of the witnesses may not be taken out of context to abjure the guilt on the part of all accused persons.

63. We are, however, of the opinion that Bhanwar Singh, a tractor driver, and having not committed any overt act, cannot be held to be guilty of any offence.

64. The appeals are allowed to the aforementioned extent. Bhanwar Singh is set at liberty and directed to be released forthwith unless wanted in connection with any other case.

J. (Harjit Singh Bedi) New Delhi May 16, 2008