STATE OF MADHYA PRADESH Vs. KALYAN SINGH

JUDGEMENT

(1.) This is a State appeal by special leave against the judgment dated 20.3.2001 of Madhya Pradesh High Court in Criminal Appeal No. 447 of 1988 acquitting the respondent Kalyan Singh (Accused No. 1) by giving him the benefit of doubt.

(2.) The prosecution case in brief is that there was enmity between Balbir Singh, father of respondent and Jagdish (PW12) on account of Jagdish defeating Balbir Singh in the Sarpanch elections. On 18.3.1984, a day after the Holi festival, Jagdish as Sarpanch, invited the villagers for playing Faag at Panchayat Bhawan. One Barar, a member of Jagdish s group, was playing Dholak. Balbir Singh came there and tried to snatch the Dholak from Barar. Jagdish objected to Balbir trying to play Dholak at Faag function organized by him and tried to pull the Dholak. In the meanwhile, Kalyan Singh, son of Balbir came there armed with a gun. Balbir exhorted him to kill Jagdish. Kalyan Singh fired at Jagdish causing injury on the hip of Jagdish. Jagdish fired back with his pistol and Balbir collapsed and died. Thereafter, Kalyan Singh took another shot at Jagdish. The shot hit Bhajju who fell down and died. Gajraj (PW8), who was standing nearby, also received pellet injuries. When Kalyan Singh again tried to shoot, Banmali (PW1) snatched the gun and ran. Sovran (A2) and Ghanshyam (A4) beat Banmali. Banmali fell down. Gajraj took the gun from Banmali and kept it in the shop of Jagdish.

(3.) On receipt of the information, police visited the place of incident and on the Dehati Nalshi of given by PW7 Sita Ram, (Ex.P7), FIR was registered. Jagdish (PW12), Gajraj (PW8) and Banmali (PW1) who sustained injuries in the incident were medically examined. After investigation police submitted a charge-sheet against the respondent Kalyan Singh (A1) for the offence under Section 302 IPC for causing the death of Bhajju, for the offence under Section 307 IPC for attempting to murder Jagdish and for offences under Sections 25 and 27 of Arms Act, for using the gun without a licence. The charge-sheet was also filed against Accused Nos.2 to 6 for offences under Section 201 IPC, alleging that they had filed a false report with the police with the purpose of concealing the murder of Bhajju.