SHIVRAJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal by the accused-appellant against his conviction under section 302, Indian Penal Code, and sentence of imprisonment for life, by the Sessions Judge, Narsimhapur, in Sessions Trial No. 18 of 1971, decided on 2-3-1972, for having murdered one Shamlal of Village Sankal on 30-6-1970.

(2.) THE case of the prosecution, briefly stated is that at the noon time on the fateful day when Govind Prasad (P. W. 3), Bhikamsingh (P. VV. 4)Rajaram (P. W. 8), and Jagdish (both carpenters) and few others were at the place of one Achhelal in connection with the making of a boat for Govind prasad (P. W. 3) and Bhikamsingh (P. W. 4) by the aforesaid carpenters, the deceased also reached there. The deceased told these persons that the appellant and one Ganesh were having a conspiracy to murder him. On this umedsingh (P. W. 6), relation of the appellant, whose house was in the neighbourhood, was called and one Mohammed was sent to call any of the village Kotwars ; in the meanwhile, the appellant reached armed with the gun at the spot and, despite the dissoation of all persons present, he fired it at the deceased, consequent to which the deceased died at the spot. It is also said that he had attempted to reload the gun, but Saheblal (D. W. 7) this Saheblal (on some stage of the record is referred as Sahebsingh also), son-in-law of the appellant and others snatched the gun from him. It is further said that the gun (Article D), which was hidden in the house of the appellant, was recovered pursuant to trie information of the appellant contained in the memorandum (Ex. P-8 ).

(3.) THE defence was of insanity. The trial Court repelled the defence and on the basis of the evidence on record found the appellant guilty of murder and, accordingly, convicted and sentenced him as above.