STATE OF M.P. Vs. MOHAN

JUDGEMENT

(1.) Leave granted.

(2.) State is aggrieved by the order of the High Court dated 13.12.2011 passed in CRLA No. 898 of 2007, reducing the sentence awarded by the trial Court from three years Rigorous Imprisonment with a fine of Rs.1,000/- to each of the accused persons, with default clause, to that of the period already undergone.

(3.) Respondents herein were charge-sheeted for the offences punishable under Sections 294, 307 read with Section 34 IPC and were convicted and sentenced as stated above. The incident leading to the above charges occurred on 11.6.2006 at 11.00 O'clock in the night when complainants attempted to drive away the animals of the accused persons trespassed into their courtyard. Accused persons, infuriated by the conduct of the complainants, reached the spot of the incident and started abusing them. One of the accused, Ummed Singh, using his fire arm, fired a gun shot, which hit Lalaram, one of the complainants on his back and the complainant including Lalaram in order to save their lives ran away from the spot. Ummed Singh again fired another gunshot, which hit Mogh Singh, another complainant. Due to the injuries sustained by Lalaram, he fell down. The accused persons committed the same in furtherance of their common intention or knowledge that their actions would result in causing death to the complainants.