STATE OF MADHYA PRADESH Vs. MOHAR SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State of Madhya Pradesh against the Judgment dated 09.04.2007 passed by the High Court of Madhya Pradesh, Bench at Gwalior, in Criminal Appeal NO.179 of 1995 in and by which the High Court has modified the conviction of the respondent under Section 302 I.P.C. to Section 304 Part-I of I.P.C. and sentenced him to the period already undergone by him and also imposing fine of Rs.15,000/-.

(2.) We have heard Mr. R.K. Rathore, learned counsel appearing for the appellant-State of Madhya Pradesh and Mr. Lakhan Singh Chauhan, learned counsel appearing for the respondent and perused the impugned judgment and the evidence and materials on record.

(3.) The case of the prosecution is that as per complainantHarnam Singh (PW-4), on 09.03.1993 at around 01.30 p.m., he was going towards Chopal. On the way, he saw that the respondent/accused Mohar Singh and co-accused Ajab Singh were hurling abuses to his brother deceased-Bhagwan Singh. When deceased-Bhagwan Singh objected to it, co-accused Ajab Singh instigated the respondent Mohar Singh to bring his gun. Respondent-accused brought a gun from his house and fired a shot at the deceased causing injuries on the neck of the deceased who died on the spot. Complainant-Harnam Singh (PW-4) lodged the complaint against the accused based on which FIR was registered under Section 302 read with Section 34 I.P.C. against the accused.