SUNDAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 30.05.2008 passed by first Additional Sessions Judge, Gwalior in S.T. No. 156/2007, whereby he was convicted of offence under Section 302 of IPC and sentenced to life imprisonment.

(2.) Facts of the case, in short, are that on 24.01.2007 the deceased Inder Singh was working in the field of Maharaj Singh, Kamal Singh etc. Near that field, there was a Nala and the appellant Sundar Singh was claiming that Nala to be his land. Thereafter, one iron gate was affixed on the boundary of that Nala. At about 12:00 in the noon, Inder Singh and Ashok Kumar Rajak @ Lalla (PW-6) went to straighten that iron gate then the appellant Sundar Singh having Katta and various arms like sword and lathi came to the spot abusing Inder Singh and Ashok Kumar. The appellant Sundar Singh fired with the gun causing injury on the chest of the deceased Inder Singh. He again fired upon the complainant Ashok but he fell down on the ground and he could save himself from that second shot. ASI Omkar Singh (PW-9) went to the spot and Ashok Kumar (PW-6) had lodged a Dehati Nalishi Ex. P-6. Dehati Nalishi was transmitted to the police station Janakganj and FIR Ex. P-12 was recorded at about 01:00 PM. After completing the various formalities, body of the deceased Inder Singh was sent for postmortem. Dr. J.N. Soni (PW-12) performed the postmortem on the body of the deceased Inder Singh and gave a report Ex. P-18. He found an entry wound on the right side of the chest and an exit wound on the left side of the back. Due to that gunshot seventh and eighth ribs of right side and sixth and seventh ribs of left side were found damaged. Both the lungs as well as heart were damaged due to gunshot and according to Dr. Soni, the deceased died due to aforesaid injury. Inspector C.R. Jatav (PW-14) went to the spot and he prepared a spot map Ex. P-7. He also picked up blood stained soil and ordinary soil from the spot. He seized an empty cartridge of 315 bore gun at the spot which was found 20 feet away from the dead body. All these articles were seized by a seizure memo Ex. P-4.

(3.) After recording of the case, Investigation was started and various accused persons were interrogated. They were arrested and on interrogation, they have informed about various weapons like sword, handmade pistol and other articles. Appellant Sundar Singh in his memo under Section 27 of the Evidence Act Ex. P-21 informed about the gun that he kept his mouser gun at the house of one Nattha Singh and thereafter on his information, one 314 rifle along with one live round were recovered from the appellant Sundar Singh and a seizure memo Ex. P-22 was prepared by ASI Omkar Singh Kushwaha (PW-9). The gun seized from the appellant Sundar Singh was also sent for its mechanical inspection to Reserve Inspector and constable Armour Lal Singh (PW-11) examined the gun and gave a report Ex. P-16-A. Thereafter all the articles seized from the spot, received from the hospital after postmortem and weapons recovered from the various accused persons were sent for forensic science examination. A report of forensic science laboratory Ex. P-6 was received for blood stains, whereas Ex. P- 10 was received relating to opinion of ballistic expert. After due investigation, the charge-sheet was filed before the JMFC, Gwalior, who committed the case to the Court of Sessions and ultimately it was transferred to the first Additional Sessions Judge, Gwalior.