RUM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment dated 24.12.2001 passed by the 2nd Additional Sessions Judge, Barwani in Sessions Trial No.37/2001, whereby convicting the appellant for the offence under Section 302 of the Indian Penal Code and sentencing him for life imprisonment.

(2.) BRIEFLY stated, the prosecution case is that on 26.10.2000 at 08.00 PM, deceased Jhabar Singh while returning from the house of his elder brother Gul Singh, the appellant Rum Singh, Jaimal and Bishan obstructed him on his way and started abusing him for the demand made by him for giving half of the field and said that they would teach a lesson to him. Having said so, the appellant Rum Singh shot an arrow blow on him, which landed on his stomach. On account of this, blood started oozing out and Jhabar Singh fell down. On this, the appellant and two acquitted accused persons, while walking away threatened him that today he is being spared, but on some other day, he will be killed by them. The incident was seen by Gopal (PW -1). In the injured state Jhabar Singh returned to his village and narrated the incident to Bhuvan and Gildar (PW - 5). Report of the incident was lodged next day i.e. on 27.10.2000 at Police Chowki, Ojhar. MLC of his injuries was conducted by Dr. M.L. Pawar (PW -6). Thereafter, on 28.10.2000, Jhabar Singh succumbed to the injuries at District Hospital, Barwani. On his death, postmortem of the dead body was performed; report of which is Ex.P/19. After completion of the investigation, challan was submitted. The accused persons abjured their guilt and pleaded innocence.

(3.) BEFORE the trial Court the eye witness Gopal (PW -1) turned hostile. The trial Court, treating the first information report lodged by the deceased as dying declaration and taking into consideration the evidence of other witnesses, acquitted the other two accused persons, but convicted the appellant and sentenced him, as aforesaid. Aggrieved, the appellant has filed this appeal.