NATHU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction under Section 302/34 IPC dated 20.1.1995 passed by First Additional Sessions Judge, Morena in S.T. No.336/97, the appellants have filed this Criminal Appeal under Section 374 Cr.PC challenging their conviction as well as sentence of Life Imprisonment and fine of Rs.2,000 and in default of payment of fine further three years R.I.

(2.) Prosecution story in brief is that on 1.9.1995 when Mahesh nephew of complainant Baijnathsingh went for cattle grazing, he was stopped and beaten by the Gudde Singh. Mahesh came back and narrated the incident to the complainant and family members and it was decided that in the morning they will settle the matter with him. Next day on 2.9.1995 in the morning complainant Baijnathsingh along with his brother Nripat Singh, Rajbahadur, Devendra Singh, Ramveer, Ramavtar and Ganpat went to talk with Gudde Singh at the field of Gokulwari and two other accused Balwantsingh and Nathusingh were also present there. The matter was discussed between them. In the meantime all the accused persons started abusing and at that point of time Gudde Singh told that if you allow buffaloes to enter into the field, I will kill by bullet (goli maar dega). On this Nripat Singh asked him that if you want to kill me by bullet, you may do so. At the same time accused Nathusingh and Balwansingh exhorted and said-kill him by bullet (goli maar do) and thereafter Gudde Singh made three repeated fires by his .12 bore gun on Nripat Singh. Nripat Singh sustained gun shot injuries on his chest, hand and neck and thereafter accused persons ran away from the spot. Injured Nripat Singh was taken to the Police Station in the tractor. In the way he succumbed to the injuries. FIR was lodged by Baijnathsingh at Police Station Porsa. Crime No. 149/95 was registered. Marg was also registered as Marg No. 18195 and dead body was referred for the post-mortem examination. Investigation was undertaken and spot map was prepared. Plain and blood-stained soil including the bullet, clothes of the deceased was also seized and they were referred for chemical examination. Statements of witnesses were recorded. Gudde Singh could not be arrested. It was found that he was absconding and Panchnama to that effect was also prepared and after completing investigation, charge-sheet was filed in the absence of Gudde alias Jagmohan Singh.

(3.) During trial accused Gudde remained absconding. The guilt was abjured by the appellants and their defence was that due to enmity because of the election of Sarpanch they have been falsely implicated. In the trial prosecution examined as many as nine witnesses and trial Court after considering the evidence on record the allegation of exhortation was found proved against both the appellants and it was found that the exhortation was made with common intention to kill the deceased and convicted them under Section 302/34 IPC and sentenced them as aforesaid, against which both the appellants have filed this appeal.