MOHAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGE in this appeal by the appellant/accused is the impugned judgment and order dated 21-3-95 passed by Sixth Addl. Sessions Judge, gwalior Camp Dabra in S. T. No. 247/93, whereby the appellant has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/- and in default of payment of fine to suffer further imprisonment of three months.

(2.) APPELLANT/accused Mohar Singh is son of Gulab Singh (acquitted co-accused ). Complainant Harnam Singh (P. W. 4) is real brother of the deceased Bhagwan Singh. These facts are not disputed.

(3.) THE case of the prosecution, in a nutshell, is that on 9-3-93 at around 1-30 p. m. , complainant Harnam Singh (P. W. 4) was going towards chopal. On way, he saw that the appellant and Ajab Singh (acquitted co-accused) were hurling abuses to his brother deceased Bhagwan Singh. Deceased Bhagwan Singh objected to it. On this, the appellant said "tera Muha bahoot Chalta Haiabhi Thuz Ko Niptata Hun". Ajab Singh then instigated the appellant Mohar Singh to bring his gun. Thereafter, appellant went running to his house and brought muzzled loaded gun of his father. Ajab Singh exhorted the appellant to kill the deceased. Thereafter, the appellant fired a shot at the deceased causing injuries over the neck of the deceased, who fell down and died. At that time, Sarman Singh (P. W. 2) was standing nearby and a pellet of the gun hit on his chest. Complainant Harnam Singh (P. W. 4) went to the police station bhitarwar and lodged the first information report (Exh. P-5) and informed about the death of his brother on which Merg intimation (Exh. D-5) was recorded. The Investigating Officer Mahesh Shrivastava (P. W. 8) reached on the spot and prepared spot-map (Exh. P-2 ). He issued Safina Form (Exh. P-7)to prepare Panchnama of the dead-body of the deceased. Thereafter, panchnama of the deceased (Exh. P- l) was prepared. Blood stained soil and simple soil were seized vide seizure-memo (Exh. P-3 ).