SURAJBHAN SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of IPC has been filed against the judgment and sentence dtd. 9/7/2021 passed by 1st Additional Sessions Judge, Gohad, Distt. Bhind in S.T. No.118/2007 by which the Appellant has been convicted and sentenced for the following offences :

(2.) According to prosecution story, the complainant Bhanupratap Singh Gurjar, lodged an FIR on 16/10/2006 at 10:45 A.M., on the allegation that at about 10:15 A.M., he, his father Pahalwan, uncle Darshan Singh, Cousin brother Ajab Singh were irrigating the field of Ajab Singh. At that time, the Appellants as well as Surajbhan and Dilip came to their field. They were armed with guns, lathi and other weapons and surrounded his Father, Uncle and Cousin brother and started abusing them. Kedar Singh and Ramhet said that they (accused persons) would irrigate their fields first and in case if they (complainant party) do not agree for that, then they (complainant party) would be killed. His father replied, that some portion of his field is left for irrigation and let it be completed. Then Bharat Singh by using abusive language started insisting that he will irrigate his land. His uncle also tried to persuade Bharat Singh that he may wait for some time. Kedar Singh, Ramhet and Surajbhan were having mouser guns, whereas Bharat was having Farsa, Devaram, Dilip and Rampreet were having lathis. Kedar fired a gunshot causing injury on the head of his father. Ramhet also caused gunshot injury to his Uncle Darshan Singh. Surajbhan also fired gunshot causing injury on the head of his father. Dilip Singh, Rampreet, Devaram started assaulting Ajab Singh by means of lathi, Farsa as a result, he also fell down. Ajab Singh sustained injuries on his head, hands and legs as Bharat Singh had assaulted him by Farsa, whereas Devaram, Dilip and Rampreet had assaulted by lathis. His father Pahalwan and Darshan Singh died on the spot. Kedar Singh also chased him and fired gunshots, but he escaped and ran towards his house. Ravi and Brijendra have witnessed the incident. Kedar Singh has left his white shirt, photocopy of his license and diary with Rs.150.00 on the spot, which he has brought.

(3.) On the basis of the report lodged by complainant Bhanupratap Singh, police registered offence under Ss. 302, 307, 147, 148, 149, 120-B of I.P.C. The dead bodies of Pahalwan Singh and Darshan Singh were sent for post-mortem. The spot map was prepared. Statements of the witnesses were recorded. Police after completing the investigation, filed charge sheet against the Appellants and Surajbhan for offence under Sec. 147, 148, 149, 302, 307, 120-B of I.P.C., whereas co-accused Dilip was shown absconding.