MANGALIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 29.12.2005 passed by Additional Sessions Judge, Gohad, District Bhind in S.T.No. 51/2002 by which the appellant No.1 has been convicted under Section 307 of IPC and has been sentenced to undergo the rigorous imprisonment of 10 years and a fine of Rs. 5,000/- with default imprisonment and under Section 25/27 of Arms Act and has been sentenced to undergo the rigorous imprisonment of 3 years and a fine of Rs. 1000/- with default imprisonment. The appellant No.2 has been convicted under Section 307/34 of IPC and has been sentenced to undergo the rigorous imprisonment of 10 years and a fine of Rs. 5000/-. The sentences awarded to the appellant No.1 were directed to run concurrently.

(2.) The prosecution case in short is that on 13.3.2001 total 12 accused persons including the appellants formed an unlawful assembly whose common object was to kill the complainant Keshav Singh. In furtherance of the common object the appellant No.1 fired at Keshav Singh by his 12 bore gun with an intention and knowledge to kill Keshav Singh. It was further alleged that the appellant No.2 and co-accused Dhaniram and Balvir fired from their gun and the remaining accused persons pelted stones on Harimohan Singh and Keshav Singh. The complainant Harimohan Singh Gurjar lodged a FIR on 13.3.2001 at about 7:30 AM alleging that he along with the injured Keshav Singh, Surajbhan, Kartar Singh were coming back to their house. They met with the appellants and co-accused Dhaniram and Balvir who were sitting in front of their houses along with guns. The injured Keshav Singh enquired from Mohar Singh that why in the evening of the previous day they had objected and on this issue the hot talk took place between the complainant party and the accused persons, as a result of which the appellant No.1 fired at Keshav Singh causing injury on his right knee. The appellant No.2 and co-accused Dhaniram and Balvir fired from their guns and the other co-accused persons started pelting stones. Thereafter, the co-accused Roop Singh, Deeman, Panjab, Vinod etc. also fired from their guns. It was further alleged that the appellant No.1 in furtherance of common object fired at Keshav Singh with an intention to kill. On this FIR the case was registered. During investigation the prosecution seized the weapons from the appellants and other co-accused persons and they were arrested and after recording the statements of the witnesses and fulfilling the other requirements filed the charge sheet.

(3.) The Trial Court by order dated 1.4.2002 framed the charges against the appellants and co-accused persons under Sections 147, 148, 307 r/w Section 149 of IPC and under Section 25/27 of Arms Act.