HAKIM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 235 / 79.

(2.) On 12-6-1978, at about 10.00 a.m., accused / appellant Hakim Singh, aged about 37 years, a retired official from the Indian Air Force, at his house in village Kachongara, district Behind (M.P.), shot a gun at his own father Patiram Singh alias Sadhu, causing gun-shot injury to his right thigh. Patiram Singh had become a recluse and therefore was also called by the name Sadhu. He died on way to Bhind hospital. The accused was tried under Section 302, I.P.C. on the charge of committing murder of his father. The learned Sessions Judge acquitted him of that offence but convicted him of the offence under Section 304 (Part I), I. P.C. and sentenced him to R.I. for 5 years and fine Rs. 2500/-, and in default of payment of fine, to further R.I. for 5 months. It was also directed that out of the fine, if recovered, Rs. 1500/- shall be paid to Smt. Janki Devi (P.W.2 ), widow of the deceased and also the mother of the accused. This is appeal by the accused against the said conviction and sentence. The State also felt aggrieved by the acquittal of the accused of the offence under Section 302, I.P.C. The other appeal (Cr. A. No. 235/79) is by the State.

(3.) Some of the facts were not in controversy. Accused Hakim Singh had taken his retirement from the Indian Air Force and had come to settle in his village some two years prior to the present incident. A partition had been effected between him and his father Patiram Singh alias Sadhu by village Panchas, even while he was in service. Their house consisted mainly of two adjacent rooms. One of the rooms was in possession of the accused, who lived there with his wife Aruna Devi (D.W. 2). The other room was in the possession of the deceased, who lived with his wife Smt. Janki Devi (P.W. 2).