JATTHA AZIZ KHAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellant No. 1 has challenged his conviction under section 302, I.P.C. as well as under sections 25 and 27 of Arms Act and consequent sentence of imprisonment for life, rigorous imprisonment for one year and further rigorous imprisonment for one year, respectively, while the appellants 2 to 4 have challenged their conviction under section 302/120-B, I.P.C. and consequent sentence of imprisonment for life in Sessions Trial No. 17 of 19152, decided on 24/3/1983 by Shri V B. Shrivastava, Additional Sessions Judge, Satna.

(2.) The prosecution case is that on 9-9-1981 in village Chaura or Semariya or Teekar, on, Deonarayan alias Chitani died because of gun shot injury from the gun which was possession by appellant No. 1 Jattha. It is the case of the prosecution that Jattha conspired with other appellants and intentionally shot Deonarayan with his gun.

(3.) The prosecution has alleged that the deceased used to irrigate his field from Jhala Nala by means of his pumping set. Due to this act of the deceased, Mahmood (appellant No. 2) was deprived of the water which he was normally getting for irrigating his field. This was the reason that appellant No. 2 bore a grudge against the deceased. He conspired with the other appellants and promised to pay Rs. 10, 000/- to the appellant No. 1 if he would shoot Deonarayan dead. A plan was made by which the deceased was taken by appellant No. 1 for Shikar and there, on getting an opportunity, the appellant No. 1 shot him dead.