KRISHNA KUMAR SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant Krishna Kumar Soni aggrieved by the judgment dated 17.2.2012 by which he has been sentenced by the learned First Additional Sessions Judge, Chhatarpur in ST No.136/2010, whereby the appellant was convicted for an offence under section 302 IPC and sentenced to suffer imprisonment for life, Rs.15,000/- as fine and one additional year of rigorous imprisonment in default of fine. He was also sentenced under section 25(1) (b) of the Arms Act to suffer two years rigorous imprisonment and Rs.2000/- fine and three months of additional rigorous imprisonment in default of fine. The appellant was also convicted for an offence under section 27 of the Arms Act and sentenced to suffer rigorous imprisonment for three years and fine of Rs.8000/- and an additional six months of rigorous imprisonment in default of fine. All the sentences were directed to run concurrently.

(2.) The prosecution's case in brief is that the appellant intentionally committed the murder of Preetam Singh, the deceased, at around 1.00 pm on 30.1.2010 in front of his shop situated at Deri Road under Police Station Civil Lines, District Chhatarpur. The admitted facts in this case are limited to the deceased Preetam Singh being the real brother of Tej Pratap Singh (P.W.2) and Hakim Singh (P.W.3). It is also admitted that the accused Krishna Kumar and eyewitnesses were well known to each other. Besides, it was also admitted that the appellant Krishna Kumar runs a jewellery shop at Deri Road.

(3.) It is, further, the case of the prosecution that on 30.1.2010, Hakim Singh, S/o Phool Singh, R/o Deri Road was at his home. He received information that an altercation was taking place between his brother Preetam Singh (deceased) and Krishna Kumar (appellant) at Krishna Kumar's jewellery shop at Deri Road. Hakim Singh reached there around 1.00 pm and saw that Krishna Kumar armed with a country made pistol was loading it. Dushyant Singh Thakur, Manish, Tej Pratap Singh and Komal Singh are also stated to have reached there and they all told Krishna Kumar that they are taking away Preetam Singh but Krishna Kumar, it is alleged, fired on Preetam Singh with an intention of killing him. Preetam Singh sustained injury in his stomach and fell down. When Dushyant Singh ran to catch hold of Krishna Kumar, the appellant is alleged to have fired once more and thereafter fled away from the scene of occurrence. The deceased is stated to have shouted that the appellant had fired on him and thereafter Hakim Singh along with Dushyant Singh, Tej Pratap Singh and Komal Singh reached Police Station Civil Lines and lodged an FIR in Police Station Civil Lines, which is Ex.P11, taken down by Malkhan Singh (SHO) (P.W.15).