Admissibility and reliability of dying declaration, credibility of eyewitnesses, and the need for careful analysis of evidence.

Judgment

ARIJIT PASAYAT, J.

( 1 ) TWELVE persons faced trial for alleged commission of offences punishable under Sections 147, 148, 302 read with section 149 of the Indian Penal Code, 1860 (in short the ipc), were convicted by First additional Sessions Judge, Shivpuri and sentenced to undergo imprisonment for life in respect of offence punishable under Section 302 read with Section 149 IPC and three years for the rest of the offences. They preferred three appeals before the Madhya Pradesh High court. By the impugned judgment the appeals were dealt with together and conviction and sentence in respect of Tulua (A-1), Babulal (A- 2), Mahesh (A-6), Sahab Singh (A-9), kishan Singh (A-10), Netram (A-11) and Jagdish prasad (A-12) were maintained. Sentences of talua (A-1), Babulal (A-2) and Netram (A-11) were reduced to one year and two years respectively for offences relatable to Sections 147 and 148 respectively. The conviction in respect of Uttam Singh (A-3), Phool Singh (A-4), sobran Singh (A-5), Krishna Kant (A-7) and sarman Singh (A-8) was set aside. Tulua, babulal and Netram (A-1, A-2 and A-11 respectively) were acquitted of the offence relatable to Section 148. They were convicted of the offence punishable under Section 147 IPC, while the convictions of Sahab Singh (A-9), kishan Singh (A-10) and Jagdish Prasad (A- 12) under Section 148 IPC were maintained with modified sentences. The said judgment is impugned in these appeals.

( 2 ) ). Prosecution version in a nutshell leaving out unnecessary details is as follows: mahila Raj Kunwar (PW-20) was previously the wife of accused Babulal (A-2 ). This marriage was performed while she was a minor. Since the character and reputation of Babulal was not without blemish and he was a habitual drunkard and used to gamble and had illicit relations with ladies, there was tension in the relationship between Raj Kumar and Babulal. When the former tried to reform the latter and requested him to follow the correct path in life, she was beaten and was thrown out of his house in December, 1985. Thereafter, she started living in the house of her father. According to the customs prevalent she was re-married on 3rd March, 1986 with Chhatar Singh (hereinafter referred to as the deceased ). This led to hostility and Babu became inimical to deceased. He tried to arouse the communal and caste feelings. On the date of occurrence i. e. 9th march, 1986 while deceased was drawing water from his well all the accused persons reached there. Accused Jagdish, Sarman and Kasiram were armed with a Luhangi each. Accused Sabo was armed with a gun, accused Mahesh was armed with a knife and accused Pappu was armed with a hockey stick. Accused Sobran, kishan Lal and Phoola were also each armed with Luhangi. In addition, accused Netram, tulua and Babu were holding lathis in their hands. After reaching the place where deceased was standing accused Jagdish caught hold of him and other accused persons with common intention to cause his death inflicted injuries by respective weapons. Though the deceased cried for help no one immediately came to save him. However, when his mother (PW-2) reached near him, all the accused persons left the place. The deceased along with his mother (PW-2) and Pran Singh (PW-1) went to the police Chowk, Magrauni and lodged a first information report regarding the incident with the then Station Incharge. Pran Singh (PW-1) had gone to the place on hearing from Brijesh kumar (PW-11 ). When report was lodged Shiv baksh Singh (PW-16) sent the deceased for medical examination where Dr. Ajay Kumar pathak (PW-19) conducted medical examination. He found nearly 17 injuries on his body. There were four internal injuries also. Most of them were inflicted with sharp edged weapons whereas some were caused by hard and blunt weapons. The deceased was referred to the district Hospital, Shiv Puri for better treatment. Subsequently, the deceased breathed his last at the Primary Centre itself and could not be taken to