RAMAWTAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13th April, 1987 passed by the III AddI. Sessions Judge of Bhind in ST No. 20/86 whereby the appellant was convicted u/sec. 302 of the Indian Penal Code and was sentenced to imprisonment for life. The appellant Ramawatar was further convicted u/Sec. 307 of the Indian Penal Code and was sentenced to imprisonment for life. The learned trial Court directed that the two sentences of life imprisonment shall run consecutively. The appellant was further convicted u/Sec. 25 of the Arms Act and was sentenced to three years R.I. Again a conviction was recorded against the appellant u/Sec. 27 of the Arms Act and sentenced to R.I. for five years.

(2.) According to the prosecution case, on 29th April, 1985 at about 4 P.M. in village Katha, P.S. Lahar, District Bhind, the reporter Haridas who is the relation of deceased Smt. Suveda lodged the report at 8 P.M. the same day with the allegation that he was looking after the crops in Khalihan. His son Indal (P.W. 14) came running and informed him that appellant Ramawatar had fired at Smt. Suveda and she was killed. He also informed that Ramawatar had given a fire and blow at Bhareshah, the son of Smt. Suveda. The reporter reached the spot and found that Suveda was lying dead and there was a firearm injury on the left hand thumb of Bhareshah. Bhareshah was the cousin of the reporter and the deceased Suveda was his aunt. On the spot, Bhareshah disclosed that he was talking with his mother regarding participation in the marriage ceremony of his cousin. The lady was not ready to go to attend the marriage and they were convincing her that it was necessary to participate in the marriage. In the meantime, appellant Ramavatar came armed with a Katta and he scolded Bhareshah as to why he was quarrelling with the mother whereupon Bhareshah grappled with Ramawatar. Then it is alleged that Ramawatar went to his house and after some time he came on spot with a single barrel gun and fired two shots on Bhareshah. One shot accidentally hit Smt. Suveda who died on the spot. The second shot, as alleged, caused injury on Bhareshah. Bhareshah rushed to the house to take shelter, thereupon witnesses arrived on the scene and Ramawatar managed to escape.

(3.) One Kadore is also said to have accompanied Bhareshah at the earlier occasion when he had come to intervene in the talks between Bhareshah and his mother.