MAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants, aggrieved by their conviction recorded by Sessions Judge, Datia, in Session Trial No. 25 of 1981, judgment dated 27-2-1982, have preferred this appeal. They have been convicted under S.307 read with S.34, Penal Code, and sentenced to undergo rigorous imprisonment for three years each.

(2.) The appellants during the trial were charged for having committed an offence punishable under S.307 read with S.34, I.P.C., for having attempted to commit the murder of Raghuvir Singh on 22-3-1981 at or about 1.30 p.m. in village Kotra in front of the house of Ramsewak, Patel. During the trial, the prosecution examined Hemraj (P. W. 1), Bhairon Singh (P. W. 2), Ramsewak (P. W. 3), Ajab Singh (P. W. 4), Nirbhai Singh (P. W. 5) and Jagdish (P. W. 8) as eye-witnesses of this crime. All these witnesses have stated that on 22-3-1981 at about 1.30 p.m. Raghuvir Singh, Hemraj, Bhairon Singh, Ramsewak, Ajab Singh, Nirbhai Singh and Jagdish were sitting in front of the house of Ramsewak, Patel, and were singing 'Fag'. At this very time, the appellants Man Singh, Kamal Singh, Ajab Singh and Dhaniram came there, armed with country-made pistol, farsa, sword and other dangerous weapons. Appellants Man Singh and Kamal Singh were armed with country-made pistols, appellant Ajab Singh was armed with a farsa and appellant Dhaniram was armed with a sword. As soon as the appellants reached the spot, appellant Man Singh fired the country-made pistol in the direction of Raghuvir Singh; appellant Ajab Singh thereupon attacked Raghuvir Singh with the farsa and gave blows on the left side and behind the head near the left eye. When Raghuvir Singh tried to escape from the spot, appellant Dhaniram caught hold of him. At this very time, when the prosecution witnesses Hemraj and Bhairon Singh tried to intervene, appellant Kamal Singh fired at them with the country-made pistol, as a result of which both Hemraj and Bhairon Singh sustained gun-shot injuries. According to these witnesses, the appellants were involved in a case of dacoity in which these witnesses appeared as prosecution witnesses and on account of that, they were attacked by the appellants. The report was lodged by Raghuvir Singh (P. W. 6) in the police station at 2.45 p.m. the same day. During the course of investigation all the injured were medically examined and recoveries were made. On 27-3-1981 the appellants were arrested. Dr. Vijay Kumar Choudhary (P. W. 7) has proved the injuries of Raghuvir Singh, Hemraj, Bhairon Singh, and Ramsewak. On X-ray examination, nasal bone of Ramsewak (P. W. 3) was found to be fractured. Raghuvir Singh (P. W. 6) and Hemraj (P. W. 1) were also X-rayed.

(3.) The appellants pleaded not guilty to the charge and took the plea that when their uncle Nawal Singh (D. W. 1) was going to take a bath, these prosecution witnesses along with 25 persons attacked Nawal Singh and appellant Man Singh with guns and hard and blunt instruments, as a result of which appellant Man Singh and Nawal Singh (D.W. 1) sustained injuries. Their defence was that they reported the incident to the police station, but they were not sent for medical examination. They have examined Dr. R.S. Gupta (D. W. 4) to prove the injuries upon the person of appellant Man Singh and Nawal Singh (D. W. 1).