MALKHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Malkhan Singh was charged and tried for an offence under Section 302, Indian Penal Code, for committing the murder of Sudama son of Roopram in village Biloo, P.S. Umri, District Bhind, at about 11.00 a.m. on 5-5-1976. He was also charged and tried for an offence under Section 307, IPC, for attempting to commit murder of Kailash Narayan and Phool Singh by gun-shot fires on the same date and place. Appellant was convicted under Section 302, IPC, and sentenced to life imprisonment. He was also convicted under Section 324, IPC, and sentenced to three years' rigorous, imprisonment for causing injuries to Kailash Narayan only both sentences to run concurrently. The trial Court acquitted the appellant of the charge under S.307, IPC.

(2.) The State has not preferred any appeal against the acquittal of the appellant of the charge under S.307, IPC.

(3.) The prosecution case in short is that the occurrence took place on 5-5-1976 between 10 and 11 a.m. in front of the house of Ramsnehi (PW. 7), where about 15-20 persons (villagers), some of whom were Kailash Sarpanch, Mewaram, Ranjit, Sudama, Jawahar, Kallu, were sitting. Ramsnehi (PW. 7) was drawing water from a well situated at about 70-75 yards away from his house, he heard gun-shot fires; while he was returning after taking a bucket of water, he saw the persons who were sitting, running helter-skelter to escape themselves and none was seen at his door expect Kailash Narayan, who was lying injured. Ramsnehi asked Kailash Narayan, who told that Malkhan Singh fired his sten gun, pellets of which have caused injuries on his right chest and right hand; Kailash Narayan also told that Sudama has also received gun-shot injuries and is lying on a cot in the room. Ramsnehi saw profuse bleeding from the chest of Sudama and Phool Singh lying injured. Ramsnehi took Kailash Narayan to Police Station, where a written report (Ext. P-5) signed by Kailash Narayan was lodged, on which an offence under Section 302/307, IPC, was registered at Crime No. 38/1976 (Ext. P-7). After investigation, a challan was filed against the accused; as the appellant/accused was absconding, in S.T. No. 13/1977 a statement of Kailash Narayan was recorded on 26-3-1977 u/s 299, Cr. P.C. The appellant, after his surrender, was tried for the charges under Ss.302 and 307, IPC.