HANUMAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT is convicted for an offence under section 304 Part I and sentenced to five years Rigorous Imprisonment. According to prosecution on 26.4.1993 when deceased was returning to his home after purchasing utensils from Shivpuri for the marriage of his niece and wanted to pass through the farm of accused, he was stopped by the accused, but he did not listen to him and proceeded further through the farm. The accused shot him by rifle, which resulted into his death. Dr. S.K. Jain (PW 10) has performed the post mortem (Ex. P -17). Dr. Jain has found that an entrance wound l"xl" on the right arm and an exit wound on the upper portion of chest measuring 3" x 2", a fracture on the right thigh and swelling measuting 5"x3". Dr. Suresh Kumar Majeji (PW 1) has deposed that the accused was admitted in his hospital on account of stomach pain.

(2.) ONLY question involved in the case is whether appellant has committed the offence. PW 6 Ramnaraian has deposed that Rajaram is his brother. He learnt that Rajaram is detained in Police Station Kolaras. When he went to search him he found dead body of deceased on Tilachak. Deceased has gone to purchase utensils required for the marriage of his daughter.

(3.) HOWEVER , this fact is not mentioned in his police statement (Ex. D -2). He denied his 164 CrPC statement (Ex. D -3). Counsel for appellant submitted that on the basis of sole testimony it is not safe to convict the appellant. Counsel for appellant invited attention to the deposition of Ghasiram (PW 2) and submitted that about a year back one rifle was seized from the accused. Seizer took place at police station. The family member of accused had come to police station to deposit the weapon. PW 2 has further stated that accused is suffering from tremors in hands and legs from past 10 years. This witness has stated that gun was deposited in the police station. PW 3 Kalyan Singh has deposed that at the time of incident accused was having a rifle.