POP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal challenges the judgment and order passed by the High Court of Madhya Pradesh dtd. 20/11/2009, whereby the High Court has partly allowed the appeal filed by the present appellants. The learned Fifth Additional Sessions Judge, Indore had convicted the appellants under Sec. 148 and Sec. 304 (Part-I) of the Indian Penal Code (for short, "I.P.C.") read with Sec. 149 of the I.P.C. and sentenced them to undergo R.I. for 02 years for offence under Sec. 148 IPC and R.I. for 10 years for offence under Sec. 304 (Part-I) with a fine of Rs.2,000.00 (Rupees Two Thousand Only) in default of payment of fine to suffer additional R.I. for 6 months. The High Court, while confirming the conviction under 304 (Part-I), reduced the sentence to seven years.

(2.) The prosecution case in brief is that there was a dispute between accused persons and one Mr. Guman Singh, father of deceased Jeevan Singh on account of purchase of land of one Gulab Singh by the accused. It is the prosecution case that on 23/4/1997, when deceased Jeevan Singh was going to a vegetable market, Indore for selling the vegetables on his scooter, at around 07:30 a.m., when he reached in front of the house of one Ramlal in Village Alwasa, all the appellants armed with Axe, Farsa and Dharia started assaulting Jeevan Singh. Jeevan Singh fell down on the ground from the scooter. P.W.6 Padam Singh, who is the uncle of the deceased Jeevan Singh, on hearing cry of Jeevan Singh, reached on the spot and saw the appellants-accused assaulting Jeevan Singh with various sharp edge weapons. Since, the accused persons also attempted to assault Padam Singh, he ran away and hid inside the jungle. P.W.1 Bhagwantibai, one Ramesh and P.W.7 Peer Mohd. had also witnessed the incident. Thereafter, the appellants went to the house of Guman Singh and threatened him. Jeevan Singh was taken to the hospital at Indore by P.W.8-Peer Mohd. and Rajendra Singh.

(3.) F.I.R. came to be lodged by P.W.6-Padam Singh. Since, the deceased was admitted to the hospital, initially the F.I.R. came to be lodged for the offences punishable under Ss. 307, 147, 148 and 149 of the I.P.C. The statement of the deceased was also recorded by the Police on the same day in which he named all the appellants. The appellants were apprehended and on their disclosure statement, weapons were seized. After four days of hospitalization, the deceased died on 27/4/1997. After completion of the investigation, charge-sheet was filed for offences punishable under Ss. 147, 148 and 302 read with Sec. 149 of the I.P.C. in the Court of competent Judicial Magistrate and the case was committed to the Sessions Judge. The learned Sessions Judge passed the aforesaid order of conviction. In the appeal before the High Court, the High Court confirmed the same.