UDAYSINGH JAGDISH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is filed by the appellants challenging judgment dated 9.11.1998 passed by the 5th Additional Session Judge, Bhind in Sessions Trial No.68/1986, whereby the appellants are convicted for commission of offence under Section 396 of IPC and sentenced them to undergo life imprisonment with fine of Rs.2,000 each, in default of payment of fine further to undergo two months rigorous imprisonment.

(2.) As per prosecution story, on 10.11.1985 at about 8:00 a.m. Shivsingh and his son Chhuttallu alias Rammohan were going to their field for sowing gram crop. Chhuttallu alias Rammohan had a gun in his hand. When they reached near the houses of Kaptansingh and Chhutkansingh, the accused persons Brahamsingh, Govindsingh, Ramrajsingh, Virendrasingh Indalsingh and Udaisingh surrounded them and snatched the gun from Chhuttallu alias Rammohan, and accused Ramraj fired gun shot on Chhuttallu, which caused injuries in his stomach and back. At that time accused Govindsingh and Udaisingh had also fired gun shots at Shivsingh, who was standing on the platform of the house of Chhutkansingh, Shivsingh fell down on the spot and died.

(3.) Saket Suman who saw the incident went to the house of Chhutallu and narrated about the incident to his wife, who went on the spot to save her husband Chhutallu, but accused Ramraj fired at her, which caused injury to her thigh. At that time accused Brahamsingh, Indalsingh and Virendrasingh having lathis in their hands had also caused injuries to Chhuttallu alias Rammohan, due to which Chhuttallu died on the spot. Accused Ramrajsingh ran away from the spot with the gun of Chhuttallu and his cartridge belt. This incident was seen by Parwati (PW12) wife of deceased Chhutallu, Aruna Kumari (PW 8), Ramswaroop (PW 9) and Kedarsingh (PW10).