KASHMIRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Kashmira Singh has been convicted of the murder of one Ramesh, a small boy aged five, and has been sentenced to death. He was granted special leave to appeal. Three other persons were tried along with him. They were his brother Gurudayalsingh, his nephew Pritipalsingh (son of Gurudayal), a boy of eleven, and one Gurubachansingh. Gurudayal and Pritipal have been acquitted. Gurubanchansingh confessed and was convicted. He was also sentenced to death. He has not appealed here.

(2.) The murder was a particularly cruel and revolting one and for that reason it will be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law.

(3.) The prosecution case is this. The deceased Ramesh was the son of P. W. 48 L. P. Tiwari who was the Food Officer at Gondia at the relevant date. The appellant Kashmira Singh was an Assistant Food Procurement Inspector there. On 1-7-1949 Tiwari found the appellant and Harbilas (P. W. 81) getting rice polished at a certain rice mill At that date the polishing of rice was prohibited by a State law. Tiwari accordingly reported the matter to the Deputy Commissioner of Bhandars. He suspended the appellant and later his services were terminated by an order of the State Government with effect from 7th July. The orders were communicated on 17th November. This embittered the appellant who on at least two occasions was heard to express a determination to be revenged.