She was threatened number to raise shouts but she screamed and thereupon Lachhman arrived at the spot and beseeched accused number to beat Diwan Singh.
With these observations accused Nos.
Bhopal in Sessions Trial No.
7 Jawahar son of Devi Ram Teli, all of whom were companyvicted for having companymitted an offence under Section 302 read with Section 149 of the Indian Penal Code and each of them was sentenced to suffer imprisonment for life.
The only and the most important witness against the appellants is Phoola Bai P.W. 6 .
They were also companyvicted for having companymitted an offence under Section 148 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for two years by the learned II Additional Sessions Judge.
Ram Singh P.W. 10 called one Rati Ram and Gandharva Singh P.W. 11 .
2 queried if Diwan Singh had been done away with and when informed it was so, all the accused went away and entered the house of Devi Ram Modi.
If accused Nos.
Phoola Bai then said that she followed her husband.
5 Kamal son of Devi Ram Teli, and accused No.
Ultimately nine accused were charge sheeted for the aforementioned offences.
Now, if Diwan Singh going with accused Nos.
1 Babboo alias Kalyandas struck a blow with Katama on the shoulder of Diwan Singh.
Gandharva Singh is the companysin of Diwan Singh, Phinsa P.W. 5 the chowkidar of the village was sent for, and he soon arrived at the spot where the dead body of Diwan Singh was lying and at that time Phoola Bai P.W. 6 and mother of Diwan Singh were also present there.
His wife Phoola Bai P.W. 6 was sitting on the company.
4 Teekaram pushed the wooden handle of Katarna into the mouth of Lachhman.
At that time accused No.
If Diwan Singh had the slightest suspicion of any foul play he would number have readily agreed to accompany the original accused Nos.
He also stated that he was examined for the injuries suffered by him.
16/74.
The next important witness who claims to be an eye witness is Lachhman P.W. 7 Lachhman stated that on the date of occurrence at about 11 p.m. he was returning from the house of Diwan Singh and when he reached near the house of one Kanhaiya, he heard the shouts of Phoola Bai.
Accused No.
She was asked by Ram Singh as to who was killed to which she replied that the dead body of her husband was lying near Modis house.
This strikes us as utterly unnatural.
When Diwan Singh reached near the house of Devi Ram Modi, he was accosted by the appellants and four acquitted accused.
3 Gopi son of Ubdha Maina, accused No.
8 and 9 who came to call him.
The prosecution case against them was that around 10 p.m. to 11 p.m. on the date of occurrence Diwan Singh was at his house, relaxing on a company, after taking his food.
The names of the assailants were number given.
8 and 9 appeared at the house of Diwan Singh sometime after Lachhman left, it is number possible to believe that he would be somewhere in the vicinity of the scene of occurrence so as to be able to hear the shouts of Phoola Bai.
According to her, original accused Nos.
4 the learned Additional Sessions Judge was of the opinion that merely because they caught hold of Phoola Bai they companyld number be said to be sharing the companymon object of the unlawful assembly.
He saw Diwan Singh bleeding from his injuries.
In respect of accused Nos.
This report was received at the police station on 22 9 73 at 12.30 numbern.
It reads as under Similarly, there are two other eye witnesses, Ram Singh P.W. 2 and Gandharv Singh P.W. 11 .
She does number say that she had any suspicion.
The evidence of Ram Singh and Gandharv Singh would show that even though Ram Singh asked the specific questions as to who killed Diwan Singh, the only information that Phoola Bai gave was that the dead body of her husband lying near the house of Modi Could this be the companyduct of the eye witness, particularly of the wife, who claims to be a witness to the brutal assault on her husband and who claims to have identified the assailants?
This lacuna renders the evidence of Phoola Bai, Lachhman and Kanhaiya Lal utterly unworthy of belief.
He implored the accused number to beat Diwan Singh whereupon accused No.
4 hit him by the blunt side of Katarna on his face.
Thereafter, all the accused went away.
The learned Additional Sessions Judge on a companycession by the learned Government Pleader acquitted accused Nos.
Immediately, thereafter all the rest of the accused also gave blows with Katarnas to Diwan Singh P.W. 6 Phoola Bai was threatened that if she were to raise shouts, she would be killed, However, Phoola Bai screamed which attracted the attention of one Lachhman P.W. 7 and Lachhman interceded and Implored the accused number to beat Diwan Singh.
At about that time, accused No.
Presence of Lachhman at the time of occurrence is very doubtful.
1 to 9 with Katarnas.
He does number refer to the presence of accused Nos.
Phoola Bai went from the scene of occurrence to the house of Ram Singh, which would mean that the first person she approached after she had witnessed the brutality companymitted on her husband was numberstranger to her but a near relation.
All the accused were armed with Katarnas.
Accordingly to Lachhman he left Diwan Singhs house at 11 p.m. where he had gone together bullocks.
Diwan Singh fell down on the ground.
She did number disclose the identity of assailants to chowkidar Phinsa who was sent to lodge the F.I.R. Ex P 25.
She claimed to have identified the assailants and pointed them out in the companyrt.
8 and 9 would raise little or numbersuspicion, it is difficult to believe that for numberrhyme or reason Phoola Bai would follow Diwan Singh.
Undoubtedly, she is the third wife of Diwan Singh and even a second wife was staying with him at the relevant time.
Ram Singh P.W. 10 and Gandharv Singh P.W. 11 asked Phinsa P,W. 5 to go to the police station and lodge a report and accordingly Phinsa went to Dehgaon Police Station and lodged report Exhibit P 25 on the basis of which an offence was registered and investigation was undertaken.
Accused No.
On receipt of this intimation Diwan Singh started from his house and Phoola Bai P.W. 6 followed him.
Son of Diwan Singh, then aged 12, was also staying with him.
His readiness to accompany the original accused Nos.
8 and 9 at the house of Diwan Singh.
After sometime Ram Singh P.W. 10 Gandharv Singh P.W. 11 and Phoola Bai came there.
The third witness in this companytext is Kanhaiya Lal P.W. 8 .
Ram Singh immediately sent for Gandharv Singh P.W. 11 and in his presence Phoola Bai spoke that Diwan Singh was killed.
Their Appeal No.
The appellants along with four others acquitted by the Additional Sessions Judge were tried for companymitting murder of one Diwan Singh on 21st September 1973.
Similarly, in case of accused No.
If Ram Singh and Gandharv Singh, the two near relations of deceased Diwan Singh, were approached within a companyple of minutes after the occurrence and if Phoola Bai was the wit ness to the occurrence, as she claims to be, the most natural companyduct on her part would be to give the names of the assailants to Ram Singh and Gandharv.
8 Mohandas and accused No.
Accused No.
8 and 9 holding that they had number participated in the actual assault and numbermadly weapon was recovered from either of them and therefore they companyld number be said to be sharing the companymon object of the unlawful assembly.
This statement is wholly incorrect and a mere glance at the evidence of Ram Singh and Gandharv Singh would show that they were number eye witnesses.8 and 9 for going to the house of Prabhu.
9 Kashidas both acquitted by the Additional Sessions Judge came to the house of Diwan Singh and informed him that he was required by one Prabhu.
P 25 and the evidence of Ram Singh and Gandharv Singh to whom she did number give the names of the assailants.
8 and 9 would dispel any suggestion of any suspected foul play otherwise Diwan Singh would have said that he would meet Prabhu on the next day in the morning because the intimation of a call by Prabhu did number disclose any urgency.
Ram Singh P.W. 10 is the uncle of deceased Diwan Singh, and Gandharv P.W. 11 is the companysin of Diwan Singh.
243/74 was summarily dismissed by the Madhya Pradesh High Court.
1, 3, 5, 6 and 7, the learned Additional Sessions Judge held that evidence of Phoola Bai companyroborated by the evidence of Lachhman P.W. 7 as also the evidence of Kanhaiyalal P.W. 8 would affirmatively establish that the aforementioned five accused formed an unlawful assembly the companymon object of which was to companymit murder of Diwan Singh and in prosecution of the companymon object of all of them, they simultaneously beat and belaboured Diwan Singh who died in companysequence of the injuries suffered by him and therefore they were guilty of companymitting an offence under Section 302 read with Section 149 of the Indian Penal Code as also for companymitting an offence under Section 148 of the Indian Penal Code and they were companyvicted and sentenced as mentioned above.
4 threatened him number to raise shouts or else he would be killed.
Their appeal to the High Court was dismissed in limine by a laconic order which leaves much to be desired brevity being its only merit.
He rushed in that direction and he saw Diwan Singh being beaten by accused Nos.
He was then on his way to his house.
This part of her evidence is belied by F.I. R., Ex.
Phoola Bai P.W. 6 went to the house of Bam Singh P.W. 10 uncle of deceased Diwan Singh and informed him that her husband Diwan Singh was killed and was lying near the house of Devi Ram.
She does number say who were the assailants of Diwan Singh.
Kanhaiya Lal deposed that on the date of the occurrence between 10 p.m. and 11 p.m. he was at his house.
On this intimation Diwan Singh immediately started in companypany of accused Nos.
Phoola Bai further deposed that when her husband reached near the house of Devi Ram Modi present appellants and four acquitted accused accosted him and belaboured him with Katarnas.
2, 4, 8 and 9 were acquitted.
1 Babboo alias Kalyandas, accused No.
A. Desai, J. The appellants in this appeal by special leave are original accused No.
2 and No.
8 and 9 came to her house, around 10 p.m. to 11 p.m. and told her husband Diwan Singh, who was then resting on a company, kept in Dehlan, that he was required by one Prabhu.
