STATE OF MADHYA PRADESH Vs. BETAL SINGH

JUDGEMENT

(1.) AFTER obtaining requisite leave, the appellant-State has preferred this appeal against the acquittal of the respondents by the judgment of 3rd additional Sessions Judge, Gwalior, in Sessions Trial No. 161 of 1978, dated 27-2-1979.

(2.) RESPONDENT No. 1 Beitalsingh alias Betalsingh was charged and tried under sections 302, 120b and 332 of the Penal Code and Respondents Nos. 2, 3, 4 and 5 were charged and tried for the offences punishable under sections 120b, 332, 201 and 225 of the Penal Code.

(3.) THE facts of the case have fairly and fully been set out by the Trial Court and for the purposes of this appeal it is sufficient to set out story in broad essentials. The case of the prosecution was that one Sukhawasi lodged a report in Police Station behat, against respondents Nos. 2, 3 and 4, which was recorded by the deceased Head constable Rajendrasingh, on 14-7-1978, and a criminal case was registered under section 451 of Penal Code against them. After investigation a challan was to be filed in the Court of Judicial Magistrate First Class, Gwalior, against Respondents Nos. 2, 3 and 4 by Premsingh constable. At 10 a. m. on 22-9-1978 he was proceeding to Gwalior, reached the Bus stand near Police Station Behat, for boarding a bus, alongwith the said respondents. Deceased Head Constable Rajendrasingh, on beat duty reached Bus stand at the same time for checking 'kalari' (country liquor-shop) at the Bus stand. The deceased was checking the register of 'kalari' shop at about 11 a. m. . It is at this time that Respondent No. 1 Betalsingh reached the spot with a gun slung on his shoulder and started talking with the deceased Head Constable. Bus stand is in the front of 'kalari'. Deceased Head Constable recommended to Premsingh constable to give another suitable date to Respondents Nos. 2, 3 and 4 so that their agriculture work may not suffer and advised to file the challan on 29-9-1978. Upon this, Premsingh constable postponed the date to 29-9-1978 and accordingly intimated the said date to the said respondents. It is alleged that at that very time respondent No. 1 Betalsingh abused the deceased after quick drink in 'kalari' that he has registered the criminal case against his father and brothers on the report of Chamara and that he will kill him today. Respondent No. 1 then fired the gun and the bullet hit the left side of the chest of the deceased. Then he rushed and boarded the standing bus. It is also alleged that respondent No. 1 threatened the driver of the bus with gun and Premsingh constable followed him, snatched the gun from the hands of Respondent No. 1 and got down from the stationary bus. Premsingh was then surrounded and caught hold of by respondent Nos. 2, 3, 4 and 5 and the attempt was made to snatch the gun from his hands. Respondent No. 1 then came from behind, grappled with the constable, and after assaulting him snatched the gun away. The Respondents took to their heels and fled away to the nearby Jungle. A report of the incident was lodged by Premsingh constable in the Police Station Behat. Deceased Rajendrasingh was rushed to hospital in the bus but he succumbed to his injury. After investigation the respondents were committed to the Court of Sessions for standing their trial.