BHAGWAN SWAROOP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Bhagwan Swaroop was charged under S. 302, I.P.C. for the murder of Man Singh and under S. 307, I.P.C. for an attempt to murder Shahid. He was further charged under S. 451, I.P.C. for committing trespass and also under Section 25-A (25(1 A)) of Arms Act. Ram Swaroop, father of Bhagwan Swaroop, was charged under Ss. 109/ 302,451, I.P.C. and 29 of the Arms Act. Ram Swaroop was acquitted of all the charges by the trial Court. Bhagwan Swaroop was, however, convicted under S. 302, I.P.C. and was sentenced to imprisonment for life. He was acquitted of the other two charges. The appeal filed by Bhagwan Swaroop was dismissed by the High Court. The High Court allowed the State appeal and further convicted Bhagwan Swaroop under S. 307, I. P. C. and S. 25-A (25(IA)) Arms Act. He was sentenced to five years and one year rigorous imprisonment respectively for the said offences. This appeal before us by way of special leave is by Bhagwan Swaroop against his conviction and sentence on the three counts.

(2.) Deceased Man Singh was the son of Shahjor Singh and brother of Babu Singh. They were living in the house owned by Ram Swaroop and his sons. There was dispute between the parties regarding a piece of land which according to the accused, the complainant party was forcibly occupying. A notice had been served upon Shahjor Singh by the accused, to vacate the said encroachment. According to the prosecution on May 11, 1969 at about 2.45 p.m. accused Ram Swaroop had an altercation with Babu Singh at a place called Gauri and thereafter he rushed towards the house of Shahjor Singh and on reaching there, abused the complainant party and started dismantling the tin-shed on the disputed land. Shahjor Singh sent his son Babu Singh to the police station to lodge a report. Meanwhile Man Singh deceased came at the spot and gave a push to Ram Swaroop who as a result fell down. He got up immediately and shouted for his son Bhagwan Swaroop and asked him to bring the rifle and kill the complainant party. Bhagwan Swaroop rushed to his house, brought a gun and fired a shot hitting Man Singh. Bhagwan Swaroop fired the second shot which bit Shahid. Man Singh fell down and thereafter complainant Shalijor Singh took out a lathi and gave beating to Ram Swaroop. Man Singh succumbed to the gun-shot injury.

(3.) Both the accused denied the commission of the crime. Accused Ram Swaroop stated in his examination as under:-