SHIVRAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 10.04.2001 passed by the III Additional Sessions Judge, Bhind (M.P.) in Sessions Trial No.215/2000 whereby the appellant has been convicted of offence under Section 302 of IPC and sentenced to Life Imprisonment with a fine of Rs.500/-.

(2.) The prosecution's case, in short, is that on 07.09.1998 at about 02:30 am the complainant Vinod Singh Kushwah Shivram Singh Vs. State of Madhya Pradesh (PW-13) lodged the FIR Ex.P-14 at Police Station Umri, District Bhind to the effect that in the evening of 06.09.1998, a ritual of "Terahvi" [the final ceremony after the death of one deceased Jaswant Singh] was arranged at a temple of village Dhonchara (Police Station Umri, District Bhind). In that ceremony, the deceased Chhutkan Singh had also participated to take community dinner arranged by the family of deceased- Jaswant Singh. In that function, a quarrel took place between the appellant and the deceased Chhutkan Singh in which the appellant had abused him. In consequence of which the deceased Chhutkan Singh gave a slap to the appellant and thus he felt insulted. At that time, Sarnam Singh (PW-9), Vinod Singh Kushwah (PW-13) saved the appellant and resolved the matter. Thereafter, Chhutkan Singh went back to his house and slept on the platform situated in front of his house where his cot was kept. At about, 01:00 am, the appellant went to the spot. He started abusing the deceased Chhutkan Singh. On hearing the noise of words uttered by the appellant Shivram, attention of various witnesses like Katori Bai (PW-5), Jandel Singh (PW-7), Sher Singh (PW-8), Sarnam Singh (PW-9) and Vinod Singh Kushwah (PW-13) was attracted and they saw the activity of the appellant. Thereafter, appellant fired with a mouser gun and ran away. The witnesses attended the deceased Chhutkan Singh and he was taken to the Police Station Umri where the complainant Vinod Singh Kushwah had lodged the FIR.

(3.) It was found that the deceased Chhutkan Singh had already died and therefore his body was sent for post mortem. Dr. Ravindra Choudhary (PW-12) performed the Shivram Singh Vs. State of Madhya Pradesh post mortem on the body of the deceased at District Hospital, Bhind and gave his report Ex.P-13. He found that there was an entry wound on the left side of back having 1.5X1cms size and was deep to the cavity and there was an exit wound on the right side of the chest below the right nipple 9 cm below having 2.5x1cm size and it was also deep to the cavity. On opening of the body, it was found that on back side 5th to 7th ribs were broken and on front side 5th to 8th right ribs were broken. Both the lungs were broken into pieces and also both the sides of heart were damaged. The deceased died due to aforesaid gunshot injuries.