RATAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The appellant/Ratan Singh has filed the present criminal appeal being aggrieved by the judgement dated 17.10.2006, by which he has been convicted under Section 302 of IPC and sentenced to life imprisonment with fine of Rs.100, with default stipulation & under Section 323 of IPC and sentenced to 1 year simple imprisonment.

(2.) As per prosecution story, Jhamku Bai (PW-3) was present in her house on 11.09.2004 and at that time, her father in law Dungar Singh, mother in law- Sairi Bai and her son - Jaam Singh were also present. The accused - Ratan Singh who is brother in law (younger brother of the husband) came with Double Barrel Gun and told Dungar Singh that after death of Vajeh Singh, he wanted to keep his widow Heer Bai as his wife, but his nephew Gujla also wanted to keep her as a wife. The dispute started between the accused Ratan Singh and Gujla and when Dungar Singh tried to intervene, then Ratan Singh with an intention to kill had caused injury to Jhamku Bai through butt of the gun and brick.

(3.) When Dungar Singh tried to save Gujla, then Ratan Singh threatened to kill him and Dungar Singh tried to run away from the spot, then Ratan Singh fired gun shot on his back and he fell down. PW1 - Madhu, PW2 Gujla and PW6 Guman came to rescue him, then Ratan Singh has also fired 2 more gun shots towards them and then ran away.