SARPAN AND ANR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') is directed against judgment and order dated 30.12.2003, whereby appellants Sarpa and Bhangda have been convicted and sentenced as under : <FRM>JUDGEMENT_154_LAWS(MPH)6_2017_1.html</FRM>

(2.) Prosecution story, briefly stated, is that on the fateful night, some jungle wood was being brought by Kunwar Singh (absconding) from forest in his bullock cart. The bullock cart was intercepted by Dy. Forest Ranger. Accused Kunwar Singh thereupon came to village Chichlana and requested Motla, the father of complainant Mukam Singh (P.W.1) to help in resolving the matter regarding release of the bullock cart. Thereupon, Motla went with Kunwar Singh in the night itself to the office of Dy. Forest Ranger, however, he could not succeed in getting the bullock cart released and, therefore, came back around 1 a.m. to his house. As per prosecution, around 4 a.m. accused Kunwar Singh (absconding) along with Kalia and his two sons namely, appellants Sarpan and Bhangda armed with bows and arrows came to the house of Motla and straight away shot an arrow at the chest of Motla, resulting in his instantaneous death on the spot. In the meantime, Bhurja, the second wife of Mukam Singh (P.W.1) came out of her house. Appellant Sarpan shot an arrow aiming at her neck, leading to her instantaneous death. In the meantime, Mohbai (P.W.2) the younger wife of Mukam Singh (P.W.1) came on the spot. She too was assaulted by appellant Bhangda by arrow, causing injury on her abdomen. As per prosecution, at the time of occurrence, Nagar Singh (P.W.4), Dudi, Eidi and Nazru (P.W.3), the son of Mukam Singh were present on the spot. After this incident, the appellants and Kunwar Singh fled away from the spot.

(3.) Mukam Singh (P.W.1) proceeded with Mohbai (P.W.2) to Police Station - Ambua, where First Information Report (Ex.P/1) in this regard was lodged by him. On the basis whereof, a case under Sections 302 & 307/34 of IPC was registered against the appellants and absconding accused Kunwar Singh.