Accused Vishnu shut the mouth of the deceased.
The defence suggested that the incident did number take place in the manner as alleged by the prosecution, and in all probabilities, Vijay Singh was injured in the hands of Raju Pathak and or his friend.
The appeal preferred by Prakash against his companyviction under Section 302 and sentence of life imprisonment was however dismissed and the order of companyviction and sentence passed by the learned Additional Sessions Judge was affirmed by the High Court.
The acquittal of the other two accused namely Vishnu Prasad and Raju were affirmed and the appeal of the State against acquittal to that extent was disallowed.
Vijay Singh went to the school of Geeta and both went to different places on scooter taxi and while they reached near Prem Narayan Tigda they met Raju Pathak, Geetas paternal uncles son.
On hearing the cries Chatter Singh also went to the Bada of Mangal Singh and had witnessed the assault made on Vijay.
It may be mentioned here that all the four accused persons were companymitted to sessions trial for the murder of one Vijay Singh on 14th February, 1974 but as accused Prakash became ill and companyld number be tried for long, the other three accused were tried and the aforesaid order of acquittal was passed by the Additional Sessions Judge, Sagar.
On the date of occurrence Vijay Singh had been to the school of Kumari Geeta and Kumari Geeta left the school and went with Vijay Singh to different places.
The deceased Vijay Singh told Vijay Kumar to wait for sometime and he along with his brother Ajay Singh went towards Prem Narayan Tigda.
Thereafter Vijay returned to the garage of Shiv Narayan where one Sri Vijay Kumar, the brother in law of one Sri S. K. Singh had companye to the garage of Shiv Narayan for the purpose of finding out the residence of S. K. Singh.
It is an admitted position that Kumari Geeta was in love with the deceased and the family members of Geeta including her father Shiv Narayan and uncle Prakash did number like the love affair.
After the incident,, Uttam Singh father of the deceased Vijay Singh was informed and he reached the place of occurrence by riding a scooter.
On 14th February, 1974 one Vijay Singh Chauhan was murdered at about 2.45 p.m. at the Bada of Mangal Singh in the town of Sagar.
On the date of incident, Vijay Singh came to the school of Geeta and Geeta left the school in the companypany of Vijay and both of them went to different places including a temple.
Criminal Appeals Nos.
Criminal Appeal No.
222 of 1977 was preferred by the accused Prakash in the High Court of Madhya Pradesh at Jabalpur against his companyviction under Section 302, I.P.C. and sentence of life imprisonment in Sessions Trial No.
714 of 1976 State of Madhya Pradesh v. Shibboo alias Shiv Narayan and two Ors Criminal Appeal No.
In basing the companyviction of Prakash the learned Additional Sessions Judge relied on the oral dying declaration given by the deceased Vijay Singh.
Raju was accompanied by a friend.
Vijay Singh on seeing these people attempted to enter the house of Mangal Singh and went towards the back side.
Seeing Raju Pathak, Geeta and Vijay entered the Bada of Mangal Singh.
The defence case was that the cause of the murder was the love affair of Vijay Singh with Kumari Geeta.
While he was trying to extricate himself from the barbed wire fencing, the accused persons reached the place by entering through the gate of the Bada and came upon Vijay Singh.
7 and 8 of 1981.
The learned Additional Sessions Judge did number place reliance on the evidence of Muntizar Ali PW 7 , Bithal PW 14 , Laxmi Prasad PW 16 and Durga Prasad PW 17 .
He tried to cross the barbed wire fencing at the back side of the Bada of Mangal Singh but his pant got stuck up in the barbed wire and he fell down.
Vijay Singh was removed to the local hospital with the help of a tempo and though he was immediately attended by the doctor at the hospital he died within 10 15 minutes after reaching the hospital.
Thereafter, the accused persons ran away leaving Vijay Singh at the spot and Shiv Narayan threw away the knife at the spot.
Such love affair was number liked by Shiv Narayan, his brother Prakash Pathak and other members of the family.
The accused Prakash was later on tried and he was companyvicted under Section 302, I.P.C. and sentenced to life imprisonment for the murder of the said Vijay Singh.
As aforesaid, the Division Bench of the High Court of Madhya Pradesh at Jabalpur affirmed the companyviction and sentence of Prakash and also allowed the appeal preferred by the State of Madhya Pradesh against the acquittal of the three accused in part inasmuch as only Shiv Narayan was companyvicted under Section 326 read with Section 34, I.P.C. and sentenced to imprisonment for the period already undergone by him.
The members of the family of Geeta were displeased and Geeta herself apprehending trouble advised Vijay to remain alert against possible attack on him particularly by Prakash, her uncle who was highly displeased with Vijay Singh.
The Division Bench of the High Court of Madhya Pradesh at Jabalpur allowed the Criminal Appeal No.
When they reached near about the Khara Well turning from the three way Tigda of Prem Narayan Tiwari, accused Raju came from behind and putting his hand on the shoulder of the deceased Vijay Singh asked him to companye to discuss some matter.
Inasmuch as they were declared hostile by the prosecution.
The prosecution case was that Vijay Singh had love affair with the daughter of Shiv Narayan, namely Kumari Geeta who was a student in the Girls School in the town.
714 of 1976 was preferred by the State of Madhya Pradesh against the accused Shiv Narayan and the other two accused Vishnu Prasad and Raju alias Raja Ram against the order of acquittal passed by the learned Additional Sessions Judge, Sagar in Sessions Trial 61 of 1974.
Against the afore said judgment of the Madhya Pradesh High Court companyvicting Prakash and Shiv Narayan, the said accused persons moved petitions for special leave to appeal giving rise to the present appeals viz.
714 of 1976 preferred by the State of Madhya Pradesh against the order of acquittal in part inasmuch as the acquittal of Shiv Narayan was set aside and he was companyvicted under Section 326 read with Section 34 of the I.P.C. and sentenced for imprisonment for the period already under gone in the jail.
Vijay Singh and his younger brother Ajay Singh were asked by Shiv Narayan to accompany Vijay Kumar for the purpose of showing him the house of S. K. Singh.
The accused Raju caught hold of his hand and accused Shiv Narayan attacked him with knife and accused Prakash also inflicted injury with gupti and caused serious injuries on the chest and abdomen of Vijay Singh and he fell down.
At that place the accused Shiv Narayan Pathak and the companyaccused Prakash as also Vishnu appeared.
At that time the uncle of Vijay Singh namely Chatter Singh was returning from the Bazaar.
222 of 1977 Prakash v. State of Madhya Pradesh and Criminal Appeal No.
61/1974 in the Court of the First Additional Sessions Judge, Sagar.
N. Ray, J. These appeals arise out of a Judgment dated November 18, 1980 of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.
It is the further case of the prosecution that when Ajay Singh found his brother being attacked by the said accused persons he ran to save his life but he was kicked away by Prakash.
The prosecution also alleged that Muntizar Ali P.W. 7 , Bithal P.W. 14 , Laxmi Prasad P.W. 16 , Durga Prasad P.W. 17 and Uttam Singh P.W. 18 were also passing through the road and standing by the road side they had also seen the incident.
Another witness Ram Gopal was also going to Kapra from the main Bazaar and seeing the crowd by the road side he also stopped and had seen the accused persons assaulting Vijay Singh.
