UDAYVEER Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 169/02.

(2.) Criminal Appeal. No.325/02 has been filed by appellant Udayveer from jail and appellant Radheshyam has filed Criminal Appeal No.169/2002 under Section 374 Cr.P.C. against the common judgment dated 5.4.2002, In Sessions Trial No. 128/1999 appellant Udayveer Singh was tried before the Sessions Judge Bhind under Section 302 and 307/34 IPC and under Section 27(1) of Arms Act and appellant Radheshyam was tried under Section 302/34 and 307 IPC and Section 27(1) and 29(B) of Arms Act. Appellant Udayveer has been convicted and sentenced under Section 302 IPC for life imprisonment and fine of Rs. 5,000 in default of payment of fine three years RI and under Section 27(1) of Arms Act for two years RI and fine of Rs. 2,000 in default of payment of fine six months further RI. Appellant Radheshyam has been convicted and sentenced under Section 302/34 IPC for life imprisonment and fine of Rs. 5,000 and in default of payment of fine two years RI and under Section 27(1) of Arms Act for three years RI and fine of Rs. 2,000 and in default of payment of fine six months further RI and under Section 29(B) of Arms Act for three years RI and fine of Rs. 2,000 in default of payment of fine six months further RI. Both the appellants have been convicted and sentenced under Section 307/34 IPC for three years RI and fine of Rs. 2,000 and in default of payment of fine, six months RI.

(3.) Prosecution story lies in narrow compass that on 15.3.1999 Guddi D/o Kaptan Singh had come to her father's house from her in-laws house and was staying there. On 26.3.1999 Lali another daughter of Kaptan Singh was taking water from handpump situated near her house at village Chure Ka Pura in police station Nayagaon District Bhind. At the same time accused Udayveer and Radheshyam both came on the hand-pump. Udayveer was carrying licensed gun of Radheshyam in his hand. Udayveer uttered obscene words to Lali. Deceased Guddi, who was sitting at the door of the house of her father Kaptan Singh and was busy in sorting out the mustered, asked her sister Lali to go inside the house as they are miscreants (Yeh Badmash log hai), then Udayveer threatened her and said "Just now I will see you (abhi batata hu) and appellant Radheshyam exhorted - "she is talking too much, finish her" (Yeh jyada muh chalati hai, ise nipta do). Thereafter, Udayveer fired at Guddi, which hit her left elbow and chest and ran away. Guddi died on spot. Samant Singh, who was the brother-in-law (Jeth) of Guddi and Kaptan Singh, who were present, ran towards the accused persons to catch them. Radheshyam, after taking gun from Udayveer, fired at Kaptan Singh and Samant Singh, however, none of them received any injury. In the meantime Shankar Singh and Vijay Singh came there and chased the accused persons. Udayveer was caught at the spot, however, appellant Radheshyam, it is alleged, ran away. Udayveer was produced at police station Nayagaon along with gun and Kaptan Singh lodged the FIR. Udayveer was arrested and the gun was seized. The matter was investigated. Lash Panchnama was prepared. Dead body was referred for post-mortem. Site plan was prepared. Blood-stained soil and plain soil, two empty cartridges of .312 bore rifle were seized. Clothes, gun and empty cartridges were sent for chemical examination and after arresting the accused persons and completing the investigation, charge-sheet was filed.