SHIV KUMAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 12.05.2004 passed by 1st Additional Sessions Judge, Bhind in S.T. No. 194/2003, whereby the appellant has been convicted of offence under Sec. 307 of Penal Code and sentenced to five years' rigorous imprisonment with fine of Rs. 1,000.00.

(2.) Prosecution's case in short is that on 19.07.2002, a quarrel had taken place between Shiv Kumar Singh with Rakesh Singh and Man Singh. On 23.07.2002 complainant Balveer Singh (PW-6) went to village Birgawan from his house at village Siloli to run a shop of "Prasad" near a Hanuman temple. Raghvendra Singh (PW-9) brother of Balveer Singh and other witnesses Mahesh Singh (PW-7), Man Singh (PW-8) and Tahsildar Singh (PW-10) went to that temple to offer a Pooja and Katha. While returning from the temple, when victim Balveer Singh and his companions were 200 yards away from the temple, the appellant having a 12 bore gun came out with Bhutte Singh and covered the victims. The appellant Shiv Kumar and his co-accused Bhutte Singh were hidden near a culvert. Someone who had voice like Arvind exhorted the appellant Shiv Kumar to fire and Shiv Kumar fired with 12 bore gun. Victim Balveer Singh sustained simple injuries of pellets on his neck, chest, abdomen and thighs. Thereafter the appellant and his companions ran away from the spot towards the village Raipura. The FIR Ex. P-10 was lodged by victim Balveer Singh thereafter he was sent to District Hospital, Bhind, where he was examined by Dr. J.P.S. Kushwaha (PW-3), who recorded the MLC report Ex. P-5. He found the simple abrasions caused at so many places (approximately 35 to 40) at chest, abdomen, right shoulder and other places on the body of victim Balveer Singh. He referred the patient for radiological examination. Dr. S.C. Gupta (PW-4) examined the victim radiologically and gave his report Ex. P-6. He found so many radio opaque shadows at various places on neck, right chest and abdomen of the victim Balveer Singh. After due investigation, a charge-sheet was filed against the appellant before the JMFC, Mahgaon, who committed the case to the Court of Sessions and ultimately it was transferred to 1st Additional Sessions Judge, Bhind.

(3.) The appellant abjured his guilt. He did not take any specific plea but has stated that he was falsely implicated in the matter due to enmity developed during election. However, in defence Rakesh Singh (DW-1), Bhagatanand (DW-2), Vijayram (DW-3), Ramji Singh (DW-4) etc. were examined to show that no disturbance was caused at the time of Katha and no dispute took place before these witnesses. It is also tried to establish that victim Balveer Singh took a sum of Rs. 15,000.00 from the appellant Shiv Kumar and when the appellant demanded such money, he was falsely implicated.