BALVIR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals arise out of the judgment dated 26.08.2008 passed by the High Court of Judicature at Madhya Pradesh at Jabalpur in and by which the High Court affirmed the conviction of the appellants (Accused No.1 to 4) under Sections 341, 302 and 302 read with 34 Penal Code and the sentence of imprisonment for life imposed upon each of the accused. The High Court also affirmed the conviction of the appellant/accused Harnam Singh under Sec. 25(1A) read with Sec. 27 of the Arms Act and the sentence of three years rigorous imprisonment imposed upon him.

(2.) Briefly stated case of the prosecution is that on 11.03.1998 at about 05.30 PM, Mohan Mehtar belonging to Scheduled Caste was going on motor cycle along with Santosh Rai (PW-2) and Kamal @ Kamlesh (PW-13) to Railway Colony. When they reached near Advocate Mishra's lane, accused Harnam Singh, Balvir Singh, Bhav Singh and Bharat Thakur stopped the motor cycle driven by Santosh Rai (PW-2). Accused Harnam Singh asked Mohan Mehtar to come down as they wanted to talk with him. When Mohan Mehtar came down from motorcycle, accused Bharat Thakur attacked Mohan with lathi on his back. When Mohan Mehtar ran towards Advocate Mishra's lane to save himself, he was caught hold by accused Balvir Singh and Bhav Singh and at that time, accused Harnam Singh fired with the country made pistol on the face of Mohan from very close distance and the bullet hit the brain and cornea of the left eye and Mohan died instantaneously on the spot. The incident was witnessed by Santosh Rai (PW-2), Devendra Rai (PW-3) and Kamal @ Kamlesh (PW-13) and others.

(3.) Informant Santosh (PW-2) lodged the complaint before the Police Station Bina on the basis of which FIR No.114/98 was lodged on 11.03.1998 at 06.00 PM against the appellants for the offence punishable under Sections 341, 294, 323, 302, 506B, 34 Penal Code and under Sec. 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Dr. P.K. Jain (PW-9) conducted the post-mortem of deceased Mohan Mehtar and opined that the death was due to gun-shot injury. The bullet hit the brain and cornea of left eye and remaining portion was completely missing. Gun powder was also found present in the eyes. Dr. Jain (PW-9) opined that death was caused due to brain centre present in the skull damaged due to the injuries sustained from the above cartridge which stopped the heart and respiration.