RAMBARAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the above mentioned appeals, numbered as Criminal Appeal No. 348/96 and Criminal Appeal No. 342/96 are being disposed of by this common judgment as they are appeals by one and three persons respectively, who were jointly tried and each one of whom was convicted for offences punishable under sections 148,302/149 and 452 of I. P. C. and was sentenced to undergo Rigorous imprisonments for the periods of one year, live and one year, respectively, to run concurrently, vide one Judgment dated 3-10-1996 in the same Sessions Trial no. 291/92 pronounced by First Additional Sessions Judge, Gwalior and against which they have preferred these appeals almost on similar grounds. Out of the three appellants in Criminal Appeal No. 342/96 one namely, Premsingh died during the pendency of appeal and therefore his name was struck off from the array of appellants.

(2.) THE prosecution story in brief is that since some time before 14-11-91, a dispute was going on in between one Shyamveer Singh, hereinafter referred as the deceased and appellant Premsingh (now dead) and Ashok pratap Singh. Because of that dispute, on 14-11-91, at around 7 A. M. , appellant ashok Pratap Singh armed with a country made revolver (Katta), Rajendra singh with an iron rod and Rambaran also with a country made pistol (Katta)all the three together with Premsingh and three other persons, with a common object to kill Shyamveer Singh, jointly assembled near a "bavdi" (water reservoir) situated at Birla Nagar, Gwalior. The deceased Shyamveer Singh and his brother Babusingh (P. W. 1) who together, but on separate cycles were going to purchase vegetables and for exercises, respectively, also passed by the same road. No sooner they came near the appellants, one of them, namely Shyamveer singh was surrounded by the appellants and the persons accompanying them, premsingh exhorted that let Shyamveer Singh be killed and thereupon both the deceased and his brother Babusingh (P. W. 1) in order to save themselves pushed the appellants and their accomplices and rushed towards their house. The appellants and their accomplices chased them. Some one of them even fired two shots at Shyamveer Singh. Babusingh (P. W. 1) and the deceased could ulti-mately reach the house of their brother-in-law Tajendra Singh (P. W. 4 ). Both of them after going inside that house bolted it's outer door. The appellants who alongwith their accomplices were chasing them crashed that door and came into the courtyard where the deceased was present. Thereafter, all of them, with the arms held by each one of them, started assaulting the deceased. They gave blows of the butts of pistols and of iron rods and sticks on the body of deceased. Even the country made pistol was fired at him. Thereafter, Shyamveer Singh who had fallen on the ground was taken as dead by them and therefore, they started moving out. Seeing them moving out, the deceased who was quite alive rose and ran inside a room and bolted it's doors from inside. Premsingh saw him so running and shouted that he was alive. Thereupon, all the assailants returned back and after breaking the doors of the room where the deceased had taken shelter, went inside and started assaulting him again. Umadevi (P. W. 7) whose husband's house it was and who was sister of the deceased seeing that incident in order to save the deceased dropped over him and requested for not assaulting him. But appellant Ashok Pratap Singh caught her by hand and pushed her out. Her husband Tajendra Singh (P. W. 4) also tried to rescue the deceased but was prevented on gun point. The assailants continued to assault the deceased till he died. Thereafter, the appellants together with other assailants went out firing shots in the air by the fire-arms held by them. After coming out of the house of tajendra Singh they escaped on a motorcycle and a jeep. One Prahlad Singh (P. W. 3) and two other persons alongwith the people of that area had seen the incident. The appellants and their accomplices were dreaded evils and therefore the people were afraid of them. After the assailants had gone away, around 7-45 am. , complainant Babusingh (P. W. 1) went to P. S. Gwalior and lodged the first information report Ex. P/1. Thereafter, the police reached the spot and from there referred the dead body of the deceased, of autopsy. Autopsy was conducted by Dr. V. K. Diwan (P. W. 9), who found in all nine injuries on the body of the deceased, two of which were wounds of entry of shots fired by fire-arms, six were other lacerated wounds on or around the head and one was an abrasion on his chest. After completing the investigation, a charge-sheet was filed by P. S. Gwalior against three appellants and four other persons including Premsingh, who had died during the pendency of this appeal.

(3.) THE learned Eighth Additional Sessions Judge Gwalior before whom the trial commenced accordingly, charged each one of the two appellants namely Rambaran Singh and Ashok Pratap Singh for committing offences punishable under Sections 148,302/149,452 of I. P. C. and 25 (1) as well as 27 of the Arms Act. The remaining appellants namely, Rajendra Singh was charged for committing offences punishable under Sections 148, 302/149 of I. P. C. and 452 of I. P. C. only. The appellants abjured their guilt.