VIDHYA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Vidhya Singh, the appellant was a Gram Sewak with his headquarters at Bamor Kalan. On December 28, 1965, he was on his way from Bamor Kalan to another village. At about 2 p.m. when he was passing through the village Akoda he found Laxmichand (P. W. 1) and Babu Lal (P. W. 6) sitting on the Dehlan of one Mulla and chatting. He asked Laxmichand to give him some water for drinking. Laxmichand asked P. W. 19 Kishanlal to bring some water for him. Kishanlal brought some water and kept it on the verandah. The appellant drank that water. Uptill this stage there is no dispute. The further case of the prosecution is that the appellant filthily abused Laxmichand for not getting the water himself; Laxmichand abused him back; then he picked up a stick which was lying there and beat Laxmichand on his arm as a result of which the arm of Laxmichand was fractured; on receiving the blow Laxmichand raised a hue and cry and at that stage several persons including the deceased Moti, P. W. 2 Mahavir Prasad, P. W. 3 Bharose and one Bhagwandas went to his help; at that stage it is said that the appellant stabbed Moti, Mahavir Prasad, Bharose and Bhagwandas and thereafter fled from the place: later he was caught in the village Mundri by some of the residents of Mundri and at that place he was assaulted.

(2.) At this stage it is convenient to note the plea of the accused. His case is that when he asked for water Laxmichand abused him. He returned the abuses. Then there was a scuffle between the two and at that stage he picked up a stick lying nearby and gave one blow to Laxmichand. On receiving that blow Laxmichand raised a hue and cry and on hearing his cries several persons including Moti, Mahavir Prasad, Bharose and Bhagwandas came rushing. Some of them were armed. Fearing that they would assault him he began to run. They chased him and surrounded him and assaulted him. Fearing that his life was in danger he took out his knife and waved the same.

(3.) It is established by medical evidence that Laxmichand's arm had been fractured. It is also proved that Moti had sustained an incised punctured wound, 3" x 1" oval in shape and transverse in direction on the left side of chest, 6" above the crease of loin in the mid-axiliary line. According to the medical evidence the injury sustained by Moti was sufficient in the ordinary course to cause death. Moti had died almost instantaneously. Mahavir Prasad had sustained a stab wound 1" x 1/2" x 3" on the back of left lower chest. He had also sustained an incised wound 1/2" .x 1/8" x 1/8" on the left loin. In addition he had sustained an incised wound 1/4" x 1/6" x 1/6" on the back of the left chest. Bhagwandas also appears to have sustained certain injuries. The appellant had also sustained several injuries. He had sustained two lacerated wounds. His left ulna was fractured. He also suffered subeonjunctival hemorrhage on lateral half of left eye. He sustained two bruises and clotted blood was present in the left nasal cavity.