RAJEEV LOCHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) All the three appeals have been filed by different appellants against the judgment dated 26.12.2012 passed by the learned Additional Sessions Judge, Singrauli at Waidhan in S.T.No.12/2010 and therefore, these appeals are hereby disposed off with a common judgment.

(2.) The appellants have preferred these appeals against the aforesaid judgment, whereby the appellant Ajeet Singh @ Babbe Singh has been convicted of offence under Sections 302, 148 of IPC and sentenced to life imprisonment with fine of Rs.200/-and one year's rigorous imprisonment, whereas remaining appellants have been convicted of offence under Section 302/149, 148 of IPC and sentenced to life imprisonment with fine of Rs.200/-and one year's rigorous imprisonment. All the sentences have been ordered to run concurrently. Default sentence of 3 months rigorous imprisonment was also imposed in lieu of payment of fine.

(3.) The prosecution's case, in short, is that, the complainant Santosh Singh (P.W.1) was working as a time keeper in the office of PWD at Sidhi. In holi festival, he came to his house at village Kyutali (Police Station Gadhwa, District Singruli). On 9.3.2004, in the evening, he visited Khalihan (Granary) (a portion of field where grains are separated from fodder), where his servants were cleaning the crop of Masoor. The appellant Ajeet Singh alias Babbe Singh ('alias' in short '@') and accused Tej Bahadur Singh and Sandeep Singh visited the Khalihan and Tejbahadur Singh and Sandeep Singh warned the complainant that he and his companions would be assaulted. At about 8 p.m., the complainant alongwith his labourers, brother deceased Virendra Singh, other relatives Omprakash Singh (P.W.11), Pintu @ Gyanendra Singh (P.W.12), Arvind Kumar Singh (P.W.10) and others went towards his house. Near the shop of Shiv Kumar suddenly the appellants and other accused in all 17 persons surrounded them. The accused assaulted various victims including Santosh Singh by lathis (sticks). The appellant Dalpratap Singh extorted them to fire. The appellant Nagendra and one Rammu Singh held the hands of deceased Virendra Singh and thereafter, the appellant Ajeet Singh @ Babbe Singh fired from a 12 bore gun. Deceased Virendra Singh fell down on the ground after getting injuries through the gun shot. The complainant Santosh Singh had also sustained some injuries. Thereafter, the complainant Santosh Singh visited the Outpost Nowdihawa of Police Station Gadhwa and loged an FIR, Ex.P/2. Thereafter, he took his brother Virendra Singh to the hospital at Gherawal (U.P.), where the concerned doctor declared Virendra Singh to be dead. Again the complainant Santosh Singh visited the Police Station Gadhwa and lodged a merg intimation, Ex.P/1 at about 9 a.m. Dead body of the deceased was sent for postmortem.