KOK SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved by the judgment of conviction and order of sentence dated 16.12.2005 passed by the First Additional Sessions Judge, Dabra, District Gwalior (M.P.) in Sessions Trial No.198/2005 whereby each of the appellants has been convicted of offence under Sections 302 or 302/149, 326/149, 324/149, 147 and 148 of IPC and sentenced to Life Imprisonment with a fine of Rs. 100/-, seven years' RI with a fine of Rs. 100/-, three years' RI, one year's RI and two years' RI respectively.

(2.) The prosecution's case, in short, is that on 13.03.2005 at about 08:00 am, the complainant Raghvendra Singh (PW-1) lodged the FIR Ex.P-1 at Police Station Dabra, District Gwalior (M.P.) to the effect that he was the resident of village Chitawani. The appellants Kok Singh and others were also the residents of the same village who had tried to get the possession of the barn (Khalihan) of the complainant and his father and therefore they lit fire to the cow-dung cakes, in the barn (Khalihan) that were brought by the appellants and therefore, a quarrel took place between the parties. On 13.03.2005 at about 07:30, the appellants came near the house of the complainant Raghvendra Singh (PW-1). The appellant Kok Singh, Bharat Singh and Mohan had guns and other appellants including the absconded accused Lakshmi, Rati and Shakuntala had daggers and other weapons. When deceased Mangal Singh, father of the complainant Raghvendra Singh (PW-1), came out of the house, the appellant Bharat Singh fired with a gun causing injuries on the right side of the back of the deceased Mangal Singh and the bullet crossed the entire chest and exited from the left side of the chest. The appellant Kok Singh fired with a half barrel gun causing injuries to the deceased Mangal Singh through the discharge of pellets. The appellants Harishankar and Kaptan Singh assaulted the complainant Raghvendra Singh (PW-1) with daggers causing injuries on his head and fingers of left hand. When Smt. Kranti (PW-3), the aunt of the complainant Raghvendra Singh (PW-1), rushed to the spot to save him then she was restrained by Lakshmi and thereafter Laxmi and Shakuntala gave blows of dagger causing injuries on her head, back and back-bone. The appellant Mohan Singh was also firing a half barrel gun and exhorted the other accused persons. Various witnesses like Rakesh Rawat (PW-2), Devi Singh (PW-5) and Shaitan Singh (PW-6) etc. intervened in the matter and as a result the complainant Raghvendra Singh (PW-1) could be saved. The deceased Mangal Singh, the complainant Raghvendra Singh (PW-1) and victim Smt. Kranti (PW-3) were taken to the hospital for their medico-legal examination and treatment. Dr. S.C. Gupta (PW-11) examined the deceased Mangal Singh, victim Smt. Kranti (PW-3) and the complainant Raghvendra Singh (PW-1) and gave his reports Ex.P-19 to P-21 respectively. He found one entry wound on the back of the deceased Mangal Singh and corresponding exit wound on left side of the chest. One entry wound was found on middle of the left hand and the corresponding exit wound was also present. He found two incised wounds to Smt. Kranti (PW-3) whereas one incised wound was found to the complainant Raghvendra Singh (PW-1) and blunt injury was found on his head. A few injuries were found on the other parts of his body. The victims were referred for their X-ray examination. Dr. Ramesh Mangal (PW-20) performed the radiological examination of the victim Smt. Kranti (PW-3) and gave a report Ex.P-38. A fracture of right parietal bone was found sustained by her. Ultimately, the deceased Mangal Singh succumbed to his injuries. After observing various formalities, his body was sent for post mortem. Dr. P.L. Gupta (PW-12) performed the post mortem on the body of the deceased Mangal Singh and gave a report Ex.P-23. He found the aforesaid four injuries as indicated by Dr. S.C. Gupta (PW-11) and on opening of the body he found that various vital organs of the body were damaged and the deceased died due to aforesaid injuries. ASI Mr. SCS Parmar (PW-15) went to the spot and prepared the spot map Ex.P-2. He took bloodstained and plain soil from the spot and remains of a bullet fired by the 12 bore gun and a recovery memo Ex.P-3 was prepared. He took the statements of various witnesses. He arrested the appellant Kaptan Singh and Harishankar and prepared the arrest memos Ex.P-10 and P-11. On interrogation, these two accused persons gave information about the weapons and thereafter one dagger each was recovered from the appellants Kaptan Singh and Harishankar. On 21.03.2005, ASI SCS Parmar (PW-15) arrested the appellants Bharat Singh and Mohan Singh. On interrogation, they gave information about the 12 bore guns and those were recovered from them vide recovery memos Ex.P-29 and P-30. Similarly, the appellant Kok Singh was arrested and one 12 bore gun was recovered from him vide seizure memo Ex.P-18.

(3.) On investigation, it was found that the women accused i.e. Rati Bai, Lakshmi Bai and Shakuntala were absconding. They could not be traced. The investigating officer sent various articles like articles received from hospital, from the spot and from the accused persons for forensic analysis. A report Ex.P-34 of Forensic Science Laboratory was received relating to the ballistics expert. The guns were sent to the reserve inspector for their mechanical examination. The armourer Mr. Lal Singh (PW-18) examined the guns of Bharat Singh, Mohan Singh and Kok Singh and gave the reports Ex.P-35 to 37 respectively. The prosecution sanction for offence under section 25 of the Arms Act was obtained as Ex.P-24 from the concerned Additional District Magistrate. After due investigation, the charge-sheet was filed before the Judicial Magistrate First Class, Dabra, Gwalior showing the women accused persons to be absconding. The Judicial Magistrate First Class, Dabra, Gwalior committed the case to the Court of Session and ultimately it was transferred to the First Additional Sessions Judge, Dabra, District Gwalior (M.P.).