STATE OF MADHYA PRADESH Vs. JAGDISH

JUDGEMENT

(1.) This appeal has been filed under Sec. 378 of Cr.P.C by the State against the judgment dtd. 21/5/2002 passed by the First Additional Sessions Judge Dabra District Gwalior, in Sessions Trial No. 391 of 1994 after taking leave to file appeal vide order dtd. 21/11/2003 passed in M.Cr.C.No.2431/2003 by which leave to file appeal has been granted against respondents No.1- Jagdish, No.2-Raghuveer, No.3- Kamta, No.5- Siyasharan, No.7-Laxman, No.13-Jaswant and No.17- Omprakash. During pendency of appeal respondent No.2- Raghuveer has died, and therefore, his name has been deleted from the array of respondents. Vide impugned judgment passed by the trial Court respondents No.1- Jagdish, No.3- Kamta, No.5- Siyasharan, No.7-Laxman, No.13-Jaswant and No.17- Omprakash have been acquitted of the charges under Sec. 147, 148, 302 or 302/149, 307 of IPC (Respondent No.1-Jagdish has been acquitted of charge under Sec. 302 and remaining of charge under Sec. 302/149 of IPC).

(2.) Prosecution story, in short, is that on 6/2/1994 Uttam Singh (PW-2) alongwith his father Sitaram was in his field in village Kutoli. Pran Singh and Kallu came to Sitaram to buy fodder, at that juncture, the accused persons due to previous enmity came there armed with weapons. On seeing them, Seetaram, Uttam (PW-2), Pran Singh and Kallu s/o Mulayam started running. The accused chased them and they ran to village Beesanpur. The accused persons also fired at them on the way. Rajendra Singh (PW-1) was grazing his buffaloes. On hearing the sound of gunshot, he reached house of Mohar Singh. Mohar Singh and Kallu @ Saroop Singh (PW-6) were present there. Kallu s/o Mulayam, Uttam, Pran Singh and Sitaram on reaching Beesanpur entered the house of Mohar Singh. When Mohar asked them, they told that accused Jagdish was coming to kill along with his accomplices. Then the deceased Mohar Singh hid these four persons in room situated at roof of his house and Mohar Singh, Rajendra (PW-1), Kallu @ Saroop Singh (PW-6) stood on rooftop. Thereafter, accused Jagdish came there with his companions, started abusing, surrounded Mohar Singh's house and asked to take Sitaram out. When deceased Mohar Singh denied, accused Omprakash provoked Jagdish to shoot him, on which, Jagdish fired gunshot on Mohar Singh which hit on his neck, as a result of which he fell down and died. The accused Raghuveer, Omprakash and Laxman also fired on them, but they saved their lives by hiding themselves. The incident was seen by Kallu s/o Mulayam, Pran Singh, Sitaram, Uttam Singh, Rajendra Singh, Kallu @ Saroop Singh, Bhooti, Rajkumari, Raghuveer and Amrit.

(3.) The FIR (Exh. P-1) was lodged by Rajendra Singh Yadav, on which crime No.6/1994 was registered at police Station Pandokhar, Distt Datia for the offence punishable under Ss. 302, 147, 148, 149, 294, 307 of IPC. Merg No.1/1994 was also registered. Matter was investigated. Upon completion of investigation including recording of statements, collection of evidence and necessary formalities, challan was filed. The charges were framed under Ss. 147, 148, 302 or 302/149, 307 of IPC.