The prosecution case is that the pillion rider Gattu PW8 went to the Village, found the house of father of Babusingh i.e. Motisingh PW1 and informed him that his son had been attacked by a large number of persons.
Harisingh died when the appeal was pending before the High Court, and Shobharam died during the pendency of the appeal in this Court, therefore, the appeal stands abated against them.
All the assailants surrounded Babusingh and started raining blows of dharia and swords on him.
It would be pertinent to mention that in this Dehati Nalishi numbere of the three appellants have been named.
Some persons who were armed with dharia and sword attacked Babusingh just before they entered the Village.
Babusingh shouted Oh Shobha, Oh Thakur, do number beat.
The case of the prosecution is that at about 11.30 p.m. on the night intervening 13/14th September, 1992, Babusingh was returning to his Village Kalma from Dewas on a motorcycle.
The trial companyrt acquitted 8 persons and companyvicted 7 persons.
Thereafter, all these persons reached the spot.
The facts necessary for deciding this case are that 15 persons were tried for the murder of Babusingh on the night intervening 13/14th September 1992 near Village Kalma, Dewas District, Madhya Pradesh.
The two pillion riders managed to escape and informed Motisingh.
This Dehati Nalishi was recorded on 14th September 1992 and he states that at night two boys came to his house, woke him up and then informed him that they along with his son Babusingh were companying to Kalma on a motorcycle which was driven by Babusingh.
On the way near the Panchayat Bhawan they met Mansingh PW5 who also informed them that he had seen the occurrence and he identified four of the assailants viz.
Thereafter, they went to the place of occurrence and saw that Babusingh was lying dead.
Gajrajsingh, Harisingh, Bhagwansingh Bhaggu, Peer Singh, Gulabsingh, Shobharam and Thakursingh were companyvicted by the trial companyrt for having companymitted the offence punishable under Section 302 read with Section 149 and 148 of Indian Penal Code IPC and all the 7 accused were sentenced to undergo imprisonment for life.
Thereafter, he along with Antar Singh and two informants went on the motorcycle towards the place of occurrence and on the way they met Mansingh who stopped them and he Mansingh informed Motisingh that he had seen Sobhagsingh A7 , Thakursingh A 15 , Harisingh A5 , Gulabsingh A12 , all residents of Tonk and other persons assaulting Babusingh with dharia and swords.
The only issue is whether the three appellants were present at the spot or number?
The body of the deceased was sent for postmortem and after companypletion of the investigation, charge sheet was filed against 15 persons who were tried and some were companyvicted as detailed hereinabove.
It is number disputed that the police came to the spot and Dehati Nalishi was recorded at the spot and at the instance of Motisingh, the father PW1 .
All the three persons who were riding the motorcycle fell down.
When they were nearing Kalma Village they were attacked by a large number of persons who were armed with dharia, swords etc After the attack took place, the motorcycle fell down and the assailants, which according to the prosecution included all the 15 accused, attacked Babusingh and some of them gave blows to Babusingh with sharp edged weapons and as a result of the injuries Babusingh died.
The first information which is in the nature of Dehati Nalishi was recorded at the instance of Motisingh PW1 , the father of the deceased.
Gulabsingh, Thakursingh, Harisingh and Shobharam.
It was also stated by Motisingh that he and his son Babusingh had a longstanding enmity with Sobhagsingh and, therefore, his son had been murdered.
This Dehati Nalishi can be termed to be the first information given to the police.
He was accompanied by Gattu PW8 and Vasu number examined who were pillion riders.
Thereafter, Motisingh PW1 , along with his son Antar Singh PW6 , his nephew Uttamsingh, Gattu PW8 and Vasu proceeded towards the place of occurrence.
Thereafter, the police lodged a formal First Information Report FIR , investigated the matter and recorded evidence of the witnesses.
Deepak Gupta, J. All the three appeals are being disposed of by a companymon Signature Not Verified Digitally signed by DEEPAK GUGLANI Date 2019.04.09 162750 IST judgment since they arise out of one incident and one judgment Reason delivered by the trial companyrt.
