RAMSWAROOP Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Ramswaroop challenges his conviction u/s 302, IPC and sentence of imprisonment for life awarded by Additional Sessions Judge, Panna, vide judgment, dated 12-1-1988, in S.T.No. 52/86.

(2.) On 8-9-1986, an incident took place in the field known 'Rariya' belonging to Gambheer Singh (P.W. 1) within the jurisdiction of Gunaur Police Station, District Panna, in which the gun in the hands of the appellant was fired and deceased Chhuteraja was hit in the neck as a result of which he died, is not in dispute. It is also not disputed that the relations of the deceased and Gambheer Singh were inimical with the appellant as Gambheer Singh and deceased had actively supported Ayodhya Prasad in the election who defeated his rival the appellant. A few days prior to the incident, there was a quarrel between the deceased and Hari Bai who is related as SAMDHAN with the appellant.

(3.) The prosecution case is that after the quarrel between the deceased and Hari Bai a Panchayat was convened in .the village and controversy was amicably settled. On 8-9-1986, at about 16.30 hours, Gambheer Singh, his younger brother Chhuteraja the deceased, Nanhoo Raja, Bhola and Saukhi were ploughing 'Rariya' field. In the nearby field belonging to Sironj, Hakkiyan (PW 3) was grazing bullocks. Kallu (PW 2) was cutting JARVA close by. The appellant came with his 12 bore double barrel gun along with Hari Bai from the side of the village. They stood in the embankment of 'Rariya' field. The appellant called Gambheer Singh. When Gambheer Singh came to the appellant, the latter told him that he was going to leave the village for good. At this time, deceased Chutteraja and Nanhoo Raja and had also come at the spot. Gambheer Singh tried to pacify the appellant saying that he should not think of leaving the village as quarrels do take place frequently and that was not a reason for one to leave the village. At that time, Hari Bai exhorted the appellant to shoot the Thakuran (Thakurs) and the appellant raised his gun and fired at Chhutteraja. He was hit at the neck region as a result of which he fell down. When Gambheer Singh expressed his shock over what had happened, the appellant tried to aim his gun towards him. Gambheer Singh, however, caught hold of the barrel of the gun. He was helped by Nanhooraja. The appellant on being relieved of the gun ran away towards Tikariya whereas Hari Bai fled towards Hinauta. Out of those who had come there, viz., Bhola, Saukhi, Kalua and Hakkiyan, the last two were examined as prosecution witnesses. Chhutteraja was found dead by them. Gambheer Singh then went to the police station at a distance of 12.00 kms. along with his elder brother Arjun Singh and lodged the first information report (Ex.P-1) at 20.30 hours the same day. Crime was registered. The Investigating Officer reached on the spot, held inquest and sent the dead body for post-mortem examination. Dr. M. L. Kasera (PW 4) held autopsy and vide report Ex.P. 7 found: