CHHANGA ALIAS MANOJ Vs. STATE OF M.P.

JUDGEMENT

(1.) This is an appeal filed by Accused No.4 - appellant herein who was convicted under Sec. 34 read with Sec. 307 of the Indian Penal Code along with the other accused and sentenced to imprisonment for a period of three years by the learned Additional Sessions Judge vide Judgment dated 8th Jan., 1990. In an appeal preferred to the High Court of Madhya Pradesh at Jabalpur, the said Court concurred with the findings of the learned Additional Sessions Judge and dismissed the appeal of the appellant - herein.

(2.) Apparently, the accused were inimical to one Gyan Singh, who was the younger brother of the informant. PW 1, the informant, Man Singh was sitting in a Bettle Shop, and the appellant came there with three other persons, one of whom, Rakesh, threw a bomb at him with intent to kill him. The bomb exploded dashing the back portion of the bettle shop, which caused injury to PW 1's left thigh, after which the said Rakesh also threw another bomb which dashed against the window of the said shop and exploded. The role of the present appellant before us is succinctly stated by the learned Additional Sessions Judge, who said that the accused - Chhanga @ Manoj - the present appellant specifically stated "kill him, he should not be spared, he habitually reports". All four accused persons came together and ran away together from the spot of the incident.

(3.) The deposition of injured eye-witness PW 1 was believed by both the Courts below. He was fully corroborated by PW 6, who was the father of the injured eye-witness, and PW 7, who was a third independent eye-witness. PWs 4, 5 and 9 were declared hostile, and in paragraph 11 of the Judgment of the learned Additional Sessions Judge, the statements of these witnesses were taken into account and were condemned.