SAMAR JEET SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal against the judgment dated 11.12.2000 passed by the learned Additional Sessions Judge, Beohari, District Shahdol in S.T.No.193/1999 and S.T.No.65/2000, whereby the appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_146_LAWS(MPH)8_2014_1.html</FRM>

(2.) The prosecution's case, in short, is that, on 26.3.1997, the complainant Ramkumar @ Pottu (P.W.8) alongwith his son deceased Babulal and daughter Sushila went to Gariyara Mauhaar to collect some Mahua, near his house, situated at village Pasaud (Police Station Jaisingh Nagar, District Shahdol). Appellant Samarjeet Singh stopped him from picking up Mahua fallen from the tree. The complainant Ram Kumar told him that the tree of Mahua was his property and therefore, he alone will collect the Mahua of that tree. The appellant Samarjeet Singh also threatened the complainant that he would bring a gun to teach him a lesson. The complainant alongwith his son and daughter continued to collect Mahua. At about 9 a.m., the complainant saw the appellant Samarjeet Singh coming towards him having a gun in his hand alongwith Kaptan Singh and Sheopal Singh. The appellant Kaptan Singh also had a gun, whereas the appellant Sheopal Singh had a tangi (small axe). The complainant alongwith his children ran towards his house. But the appellants also chased and entered the house of complainant. Kaptan Singh fired with the gun, causing injury on the head of deceased Babulal. Head of deceased Babulal was broken and he fell on ground and died. Appellant Samarjeet Singh had also fired with the gun, causing injury in the left elbow of complainant Ramkumar and thereafter, the appellants had ran away. Sushila (P.W.9), daughter of complainant was also present at the spot at the time of incident, whereas Chhallu and Munna, brothers of complainant Ramkumar came to the spot after hearing the noise of commotion. Thereafter, complainant Ramkumar went to the Police Station alongwith Chhallu and Rampal and lodged an FIR, Ex.P/18. Complainant Ramkumar had been sent for his medico legal examination, whereas dead body of deceased Babulal was sent for post-mortem. Dr.Sampoorananand (P.W.1) had performed the post-mortem on the body of deceased Babulal @ Dadu, aged 11 years and gave his report, Ex.P/1. He found entry as well as exit wound on the head of deceased Babulal. His frontal, parietal and other various bones in the head were found broken. He died due to head injury caused by gun shot. His death was homicidal in nature. He had also examined the victim Ramkumar and gave his report, Ex.P/3. He found entry as well exit wound on left elbow of the complainant, caused by gun shot and he found consequential injuries on his left elbow. The police seized various articles from the spot, accused and the officials of hospital and sent them to the Forensic Science Laboratory after sealing them. In Forensic Science Laboratory report, Ex.P/17, it was opined that there was a dent mark of gun shot on bamboo, whereas a piece of lead was found by the police was a piece of bullet fired from a smooth bore weapon. After due investigation, a charge-sheet was filed before the JMFC, Beohari, who committed the case to the Sessions Court, Shahdol and ultimately, it was transferred to the learned Additional Sessions Judge, Beohari.

(3.) The appellants abjured their guilt. They did not take any specific plea in defence and therefore, no defence evidence was adduced.