Decided on November 04,1955

STATE Respondents


- (1.) THIS is an appeal filed by Amarsingh Jat of Neemuch, a Constable in Central Reserve Police at Neemuch, who has been convicted under Section 302, I. P. C by the Additional Sessions Judge, Mandsaur and sentenced to transportation for life for murdering one Gurbuxsingh on 13-11-1953 in the office of the Central Reserve Police, Neemuch
(2.) THE appellant was performing the work of tatlor-constable and Gurbuxsing, the deceased, was head-constable in the office of the Quarter-Master, First Battalion. It appears from the record in this case that Gurbuxsingh was a man of loose morals, and from the statement of the accused in this case, the deceased had committed rape, on 219-1953, on his sister aged 30 years who was residing at Neemuch with her brother. From the statements of P. W. 11 Chintamani Gandhe, Investigating Officer, and that of P. W. 12 Pyarelal, it can be taken that there was sufficient rumour in the Central Reserve Police about dishonouring the sister of the appellant by the deceased Gurbuxsingh and that supplied the motive for the murder by the accused. During those days, the appellant was confined to bed and from the evidence of P. W. 5 Dr. Milandas, the Medical Officer in the C. R. P. Hospital at Neemuch it appears that the appellant was seriously ill and was in the hospital from 22-9-1953 to 9-10-1953. On the first day his temperature was 104 and he was in a state of delirium the night when he ran away from the hospital to his home, and after enquiry as to his whereabouts had to be brought to the hospital next morning. He was discharged on 9-10-1953 from the hospital. It also appears from the statement of P. W. 8 Rameshwarlal Anand that Gurbuxsingh deceased had gone out and returned to Neemuch one or two days before the incident. The appellant must be waiting for him as the witness deposes that the appellant came to his office-room on 12th November and asked Gurbuxsingh when he had returned. The witness then states that on 13th November at about 8 A. M. he was working in the room along with the deceased and Nawalsingh P. W. 8. The witness was typing same papers when he heard deceased shouting "mar dala, mar dala". On hearing the shouts, the witness stood up but in the meanwhile the accused had dealt four or five blows on the head, shoulder and chest of Gurbuxsingh with a dagger (Chhura ). The witness was confused and states that he threw a tray on the hand of the accused but it struck his head. Meanwhile P. W. 3 Virendranath Agnihotri, Jamadar in Quarter-Master First Battalion, Neemuch who was in a adjoining room with Deputy Superintendent of Police Shri Acharya (P W. 2), came to the room hearing the shout. The said Virendranath along with P. W. 9 Bhagwandas Constable tried to snatch the dagger from Amarsingh's hands and, after some struggle, were successful in arresting the appellant who was also bleeding in the head. Shri Acharya and others took Gurbuxsingh to the hospital in a car. but he immediately died there. Dr. Ganpatlal (P. W. 7) performed the autopsy and found as many as eleven incised wounds on the body of the deceased. Death was caused by shock due to profuse haemorrhage caused by multiple injuries on the body of the deceased. Three wounds were grievous and dangerous. The first was an incised penetrating wound 2"x 1" leading downwards into the abdominal cavity obliquely mid clavicular line at the level of 7th and 8th rib right side. Both ribs had been cut and momentum was protruding. The second was an incised wound 31/2" x 2" bone deep and the left shoulder muscles and-big vessels had been cut. The ninth injury was an incised wound l1/2"x 3/4" x21/2" left side on neck; big vessels had been cut. Any of these three injuries, according to Dr. Ganpatlal, was sufficient to cause death. All had been by a sharp-edged weapon and would have been caused by the 'chhura' Article A recovered from the appellant. The plura on the right side had been torn and the right lobe of the liver had been rent.
(3.) THE doctor also examined Amarsingh and found an incised wound on the head 1" x 1/4" x skin-deep transverse inter-parietal bone. It was a simple injury but was caused by a hard and sharp-edged weapon.;

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