BADAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal by special leave the sole appellant has impugned the judgment and order of the High Court of Madhya Pradesh, Gwalior Bench dated 15-7-2002 in Criminal Appeal No. 124 of 1987 7-2002 in Criminal Appeal No. 124 of 1987 affirming the conviction and sentence of the appellant passed by the Sessions Judge, Shivpuri under Section 302, I. P. C. in Sessions Case No. 128 of 1986. The appellant has been sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that on 27th September, 1986 the appellant shot dead Bhamra alias Bhamar Singh in the presence of Ram Swarup Sharma, PW-4, a Forest Officer, Basheer Khan, PW-5 and Laxman, PW-6, forest guards, when they were proceeding from village Kachnaria to Achhroni. The three witnesses above named ran from the place of occurrence to save their lives and thereafter boarded a bus at Achhroni and came to Police Station Banmore Kalan at a distance of about 16 kilometres from the place of occurrence where report was lodged by PW-4 at 23.15 hours. In the said report it was stated that PW-4 along with PWs 5 and 6 was proceeding to his Head Quarters at Achhroni from Kachnaria. They were patrolling the forest area. At village Kachnaria they met the appellant and deceased Bhamra. They accompanied them and came to village Bandala, the village of the appellant, where he provided them drinking water etc. Thereafter they proceeded towards Achhroni. The deceased accompanied them stating that he was going to his home via Khazra, and the appellant, who was carrying his country made single barrel gun, came with them to see them off. The deceased Bhamra was walking in front of the others followed by appellant Badam Singh behind whom was Basheer Khan, PW-5 and then Laxman Singh, PW-6. The informant, PW-4 was behind all of them with his bicycle. When they came near the pond and were proceeding on the pagdandi, the appellant suddenly pointed his gun at Bhamra and fired. Thereafter he turned back and ran threatening that no one should run away. After running about 100 steps behind them he started reloading his gun. Bhamra, who was injured also ran but was chased by the appellant Badam Singh. The witnesses ran towards Achhroni in order to save their lives, but while running away they noticed that appellant Badam Singh had caught hold of Bhamra, who was injured on the left shoulder from behind and was bleeding. The appellant caught hold of Bhamra, sat over him, and killed him.

(3.) On the basis of the report investigation was taken up and ultimately the appellant was put up for trial before the learned Sessions Judge, Shivpuri charged of the offence under Section 302, I. P. C.