STATE OF MADHYA PRADESH Vs. GHANSHYAM SINGH

JUDGEMENT

(1.) State of Madhya Pradesh in Criminal Appeal No. 1646 of 1996 has questioned correctness of the judgment rendered by Division Bench of Madhya Pradesh High Court, Gwalior Bench, holding that respondent (Ghanshyam Singh) was guilty of offence punishable under Section 304 of Indian Penal Code, 1860 (for short IPC). The sentence imposed was restricted to the period already undergone, which was about 2 years and fine of Rs. 15,000/- which, if deposited, was directed to be paid as compensation to the widow of Sarnam Singh (hereinafter referred to as the deceased) and in her absence to other dependents and heirs of the deceased. In default of payment of amount of fine, the default stipulation was further imprisonment of two years.

(2.) Six persons including accused Ghanshyam faced trial for allegedly having committed offences punishable under Sections 302 read with Section 149, IPC, Section 148, IPC, Section 307 read with Section 149, IPC. While the respondent-Ghanshyam Singh was found guilty of offence punishable under Sections 302 and 307 read with Sections 148 and 149, other accused persons were convicted under Sections 302 read with Section 149, IPC. They were also convicted under Sections 148 and 307 read with Section 149, IPC. Various sentences were imposed. All the six accused persons filed appeals before the High Court. As accused No. 6 Diwan Singh expired during the pendency of the appeal, it was held that the same stood abated so far as he is concerned.

(3.) Prosecution case in a nutshell is as follows : On 8-4-1981 Devisingh (P. W. 1) with his sister Sushilabai (P.W. 3), his sisters husband and elder brother Maharaj Singh went to bus stand of village Barod to see off Sushilabai and her husband, who were going by bus. At that time, all the six accused reached there with different weapons in their hands. Accused Ghanshyam Singh had a gun; Sitaram had a farsa and Harnamsingh and Diwansingh had lathis. They all surrounded Devisingh (P.W. 1) and jointly assaulted him. Sitaram gave a farsa blow on the backside of his head. Amarsingh gave a lathi blow on his head which, however, fell on the hand. When he raised a cry for help, Ghanshyam Singh then fired at him but the bullet missed. Hearing the alarm, Hanumant Singh (P.W. 4), father of Devisingh, deceased Sarnam Singh who was his uncle, and Jaswant Singh (P.W. 5) came on the spot. Accused Ghanshyam Singh then fired at Jaswant Singh and he received injury on the arm. He fired two shots thereafter which hit Sarnam Singh on his leg and abdomen-Harbir Singh gave a farsa blow on leg of Hanumant Singh (P.W. 4). Udhamsingh (P.W. 12), Jagannath and Banjara were at that time at motor-stand and they tried to save the assault. Information was lodged at the police station. Injured persons were sent for medical treatment. Subsequently, Sarnam Singh breathed his last. On completion of investigation charge-sheet was placed. Accused persons pleaded innocence and false implication due to strained relationship. They claimed to have been assaulted by deceased and his companions. The trial Court convicted and sentenced the accused as indicated supra. Accused persons challenged the conviction and sentence.