SUNDER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Sunder Singh having been convicted for the offence under Section 302 of IPC by the Sessions Judge, Shivpuri has preferred this appeal against his conviction and sentence of life imprisonment.

(2.) The appellant was charged for committing murder of Nepal Singh on 28th November, 1989. Two other persons, namely, Padad Singh and Jaswant Singh were also charged for offence\under Section 302 with the aid of Section 34 of IPC but they have been acquitted by the learned trial Judge.

(3.) Prosecution story, in brief, is that on 28th November, 1989 while Nepal Singh was irrigating the field from the well, accused persons objected and quarrelled with him. Chatur Singh (PW 8) and Babu Singh (PW 6) pacified the matter and accused persons went to the village. After sometime at about 4 p.m. accused persons came again to the well. One of them, Sunder Singh, accused- appellant had a 12 bore gun. Accused persons started abusing Nepal Singh and when he asked them to stop it, Sunder Singh fired gun which hit Nepal Singh. It is alleged that the incident was witnessed by Nepal Singhs father Raghunath Singh, Lakhan Singh, Shisupal Singh, Keshav Singh and Sobran Singh. Prosecution further alleges that Nepal Singh accompanied by his father Raghunath Singh, Shisupal Singh, Keshav Singh and Sobran Singh reached the Police Station, Amolpatha and there the First Information Report (Ex. P114) was lodged at about 17.30 hours. The report is recorded by Naresh Chandra Chaturvedi, AS.I. (PW 14). Nepal Singh was thereafter sent for medical examination but before lie could reach the hospital, he died. Ex. P/15 is the memo sent by the police and on the said memo itself it has been written that Nepal Singh was brought dead at about 8.00 p.m.