SHER SINGH @ MULLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the judgment dated 12.04.2007 passed by the Additional Sessions Judge and Special Judge [under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Gwalior (M.P.) in S.T. No.282/2005 whereby the appellant has been convicted of offence under Sections 302 and 323 of Penal Code and sentenced to imprisonment for life and three months' rigorous imprisonment respectively. The sentences were directed to run concurrently.

(2.) Prosecution's case, in short, is that complainant, namely, Mukut Singh (PW-4), father of the appellant, lodged the Dehati Nalisi Ex.P-6 on 01.08.2005 at about 09:20 am before Mr. Chhaviram (PW-8) Station House Officer, Police Station, Morar, District Gwalior (M.P.) that Smt. Usha Devi (PW-6), daughter of Mukut Singh (PW-4) along with her husband was residing in the house of one Gayaram Pal on rent. Appellant Sher Singh @ Mullu had reached the house of Smt. Usha Devi (PW- 6) three days prior to 30.07.2005 whereas complainant Mukut Singh (PW-4) and his son deceased Balwant came to the house of Smt. Usha Devi (PW-6) on 30.07.2005 at about 03:00 pm. It was decided that the appellant shall be taken for his treatment to Mehndipur Balaji. In the past, he was taken to that place on 01.07.2005 but he had run away from that place. In the intervening night of 31.07.2005 and 01.08.2005, Mukut Singh (PW-4) along with deceased Balwant were sleeping in the house of Smt. Usha Devi (PW-6); Smt. Usha Devi (PW-6) and her husband were sleeping on the terrace. Suddenly, at about 04:00 to 04:30 am appellant Sher Singh alias Mullu started assaulting the deceased Balwant with a spade. He gave a few blows. The complainant Mukut Singh (PW-4) tried to save the deceased Balwant Singh for which he laid down on the deceased Balwant Singh, therefore, he also sustained one blow of spade on his back. On screaming, Smt. Usha Devi (PW-6), her husband and Ajay Singh Gautam (PW-1) came to the spot. They held the appellant and tied him with the rope. When the deceased Balwant was being taken to the hospital, he died on the way and therefore his body was taken back to the house of Smt. Usha Devi (PW-6). Mr. Chhaviram (PW-8), Station House Officer, after completing the formalities sent the dead body of the deceased Balwant for post mortem. Dr. Puranlal Gupta (PW-2) performed the post mortem on the body of the deceased Balwant and gave a report Ex.P-5. Dr. Puranlal Gupta (PW-2) found as many as four injuries to the deceased. Mainly 6th and 7th vertebrae were found broken and spinal cord below those vertebrae was also broken and deceased died due to such injuries. According to Dr. Puranlal Gupta (PW-2), death of the deceased was homicidal in nature and the injuries sustained by him were sufficient to cause his death in the natural course of his life. Mr. Chhaviram (PW-8), Station House Officer, took the spade and rope from complainant Mukut Singh (PW-4) and prepared seizure memo Ex.P-3. He also prepared a spot map Ex.P- 7 and examined various witnesses. Complainant Mukut Singh (PW-4) was sent for his medico-legal examination but he could not come to the hospital due to his old age and as he was suffering from heart ailments and therefore no medico-legal examination of Mukut Singh (PW-4) could be done. After due investigation, the charge-sheet was filed before the Chief Judicial Magistrate, Gwalior (M.P.) who committed the case to the Court of Sessions and ultimately it was transferred to the concerned Additional Sessions Judge.

(3.) Appellant abjured his guilt. He took a plea that he did not assault or kill his brother. Though he did not take any plea of insanity, his wife Smt. Anita Singh Sengar (DW-1), co-brother Ramkumar Singh (DW-2), Dr. Shiv Shankar (DW-3) and Dr. Subhash Chandra Upadhyaya (DW-4) were examined to prove that the appellant was suffering from insanity at the time of incident. The learned Additional Sessions Judge after considering the evidence adduced by the parties convicted and sentenced the appellant as mentioned above.