SHIVRAM SAHU Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant is aggrieved by the judgment of conviction and the order of sentence of life imprisonment and fine of Rs. 10,000 with default stipulation handed down by the Sessions Judge Jabalpur in S. T. No. 146 of 2004.

(2.) Appellant, a Head Constable of C.R.P.F., was arraigned before the trial Court on the charge of having shot dead Dumarilal on 2.5.2003 at about 8 am in the morning in village Bahmni, P.S. Barela, District Jabalpur.

(3.) It is no longer in dispute that the Dumarilal (since deceased), his brother Bhagwandas (P.W.10) and their .1 cousin, Chamru (P.W.9) were residents of the said village Bahmni and the appellant in the morning of the date of the incident had gone to the said village. 3. Prosecution case in brief is that Dumarilal a brick-kiln owner had supplied bricks wroth Rs 10,000/- to the appellant. On 2.5.2003 appellant had gone to village Bahmni to take steps for recovery of money advanced by him to Chamru (P.W.9). Hearing their talk, Dumarilal came over and asked appellant to settle his outstanding account for the supply of bricks. Appellant there- upon lost his temper and gave two slaps to Dumarilal who in retaliation gave one slap to the accused. This seems to have infuriated the accused and he took out his service revolver, fired three shots in rapid succession at point-blank range at the Dumarilal who fell down in prostrate position and then the appellant shot him in the back and parting shot at the temporal region saying "this settles your account". He thus made small matter of the victim.