PRAHALAD SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appeals have been preferred by five accused appellants aggrieved by their conviction. Rammilan has been convicted under Section 302 IPC for committing murder of Ganeshram, other accused persons have been convicted under Section 302 read with Section 149 of IPC, they have been sentenced to undergo life imprisonment, accused Babulal was also convicted under Section 307 IPC for causing injury to Annilal (PW.2). Other accused persons were convicted under Section 307 IPC with the aid of section 149 IPC and sentenced to three years R.I., each of the accused has also been punished under Section 148 IPC and ordered to undergo one year R.I. Rammilan has also been convicted under Section 27 of Arms Act and sentenced to three years R.I.

(2.) Appellant Babulal has died as such appeal has not been pressed on his behalf by Shri Jagatsher Singh, learned counsel, thus, the appeals are being heard with respect to other four accused persons.

(3.) Prosecution case in short is that on 30th September, 1996, the accused persons formed unlawful assembly, when deceased Ganeshram was going along with Annilal (PW.2) and his son Chandan Singh (PW.5), they crossed Narmada river on the boat, while they were crossing the field of Thamman Kotwar on foot, all of a sudden Rammilan Lodhi, Babulal Lodhi armed with guns, Dullam, Hukum and Prahlad armed with Lathis came out of bush behind which they were hiding, on seeing them accused exhorted to kill them, Prahlad exhorted to fire, Hukum also exhorted that nobody should escape, at that time Rammilan fired on Ganeshram which hit him on abdominal area, he died on the spot, Babulal fired second gun shot on Annilal (PW.2) causing injury on his head, Chandan Singh was left behind at some distance owing to the fact that he stopped for answering the call of nature, he witnessed the entire incident, thereafter the accused persons went away towards highway. Chandan Singh (PW.5) took injured Annilal to the village after applying a cloth on his head and informed the incident to Sahab Singh. They went on a tractor to the Village Tindani. Matholi, Annilal and Sahabsingh reached to the police station by the tractor. FIR (P/6) was lodged by Annilal. It was recorded by Dilip Shrivastava, Sub-Inspector of Police. Dr. S.K.Nema examined the injured Annilal and found gun shot injury on his forehead. He was admitted in District Hospital, Narsinghpur. The injuries were caused within 12 hours. Dilip Shrivastava (PW.7), Sub-Inspector of Police, the investigating officer reached the spot pursuant to notice (P/11) prepared the inquest (P/12). Body of Ganeshram was sent for autopsy to District Hospital, Narsinghpur as per requisition memo (P/2), spot map (P/13) was prepared. Blood stained and control soil were seized from the spot. Dr.S.K.Nema (PW.1) performed the autopsy and found gun shot injury on the person of deceased, handed over the clothes to the Constable. 11 injuries of the pallets were found. Some of the pallets were taken out and handed over to Constable. At the instance of accused Rammilan,pursuant to the information furnished by him under Section 27 of the Evidence Act,muzzle loading gun was seized along with pallets, gun powder and brass metal cap. Armourer Narayan Prasad (PW.3)on examination found the gun to be in working order.