JITENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant against the judgment dt. 18-07-2000 passed in Session Trial No. 170/1997.

(2.) Brief facts of the case are that at around 10:30 in the night on 26-02-1997 deceased Naresh Singh had been watching T.V. programme at his house. At that time, accused Jitendra Singh came and requested Naresh Singh to compromise a quarrel at the house of Murari Pandit. When Naresh Singh reached in front of the house of Kaptan Singh, he was stopped by Saudan Singh and the present appellant Jitendra Singh fired a gun shot at Naresh Singh, which had hit at his stomach. Due to the aforesaid injury, the deceased was died on the spot.

(3.) A report of the incident (Ex.P/1) was lodged at the Police Station at 12:15 in the night within one and half hours of the incident. It was lodged by Laxman Singh. In the report, he stated that the present appellant had fired gun shot which had hit left side of the stomach of the deceased and he fell down and thereafter he was died. It is further mentioned in the report that the present appellant had killed the deceased because he was in inimical terms between the appellant and the deceased on account election of Sarpanch. His statement under Section 161 Cr.P.C. was recorded on the same date i.e. 27-09-1997.