VEERA @ BHEERA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 of CrPC against the judgment dated 29/07/2016 passed by Sessions Judge, Gwalior in ST No.224/1990 by which the appellant has been convicted under Section 307 of IPC and has been sentenced to undergo the rigorous imprisonment of five years and a fine of Rs.1000/- with default imprisonment.

(2.) Before adverting to the facts of the case, it would be necessary to consider the conduct of the appellant during the trial. On 04/10/1990, the record of the case was received by the Sessions Court after committal. The charges were framed by order dated 22/11/1990. The evidence of the witnesses were recorded and statement of the appellant under Section 313 of IPC was also recorded and, thereafter, the appellant prayed for sometime to examine the defence witnesses. On 18/09/1996, the appellant did not appear before the Trial Court and, accordingly, his personnel bond and bail bond were forfeited and arrest warrants were issued. Thereafter, even the co-accused Sukha did not appear before the Trial Court and, accordingly, as there was no possibility of arrest of the appellant and the co-accused Sukha in the near future, therefore, by order dated 13/10/1999, the Trial Court issued perpetual arrest warrant against the appellant and the coaccused Sukha and sent the record to the record room. It appears that on 16/05/2016, the appellant was arrested by the police and was produced before the Trial Court. As on earlier occasion, the appellant had prayed for time for examining the witnesses in his defence, therefore, by order dated 22/06/2016 and 05/07/2016, an opportunity was given to produce the defence witnesses. On 13/07/2016, the counsel for the appellant again prayed for time for examining the witnesses in his defence but as the matter was an old one and sufficient opportunities were given to the appellant to examine witnesses in his defence, therefore, the Trial Court rejected the prayer for grant of more opportunities for examining the witnesses in his defence and fixed the case for final arguments on 19/07/2016. On 19/07/2016 again a short adjournment was sought for final arguments and, accordingly, on 22/07/2016, the final arguments were heard and the judgment has been passed on 29/07/2016. Thus, it is clear that this incident is of 1990. The charge-sheet was filed on 01/10/1990 and, thereafter, the case was committed to the Sessions Court and the evidence of the witnesses as well as the statement of the accused under Section 313 of CrPC were recorded and ultimately the appellant did not appear before the Trial Court on 18/09/1996 and, accordingly, the arrest warrants were issued and ultimately, by order dated 13/10/1999, perpetual arrest warrants were issued and the appellant has been taken into custody on 16/05/2016. It is also not out of place to mention here that the co-accused Sukha is still absconding. As the incident had taken place in the year 1990 and the appellant did not appear before the Trial Court on 18/09/1996 and ultimately perpetual arrest warrants were issued on 13/10/1999 and the appellant could be arrested with great difficulty in the year 1996, therefore, it would be proper to hear this matter finally instead of keeping it pending. The counsel for the appellant also prayed that the matter be heard finally. Accordingly, under these circumstances, the case is heard finally.

(3.) The prosecution story in short is that on 01/02/1990, the complainant Mansa Ram lodged a FIR on the allegation that at about 4:00 PM, he had gone to his field and was having a double barrel gun with him. When he was coming back from the field, at that time, the co-accused Shukha Punjabi and the appellant Mira Punjabi asked for the gun for firing. When the complainant refused to handover the gun to the appellant and the co-accused Sukha, the co-accused Shukha Punjabi caught hold the complainant from his back and exhorted the appellant that he should kill the complainant. It was alleged that the appellant, with an intention to kill the complainant, assaulted him by means of farsa for thrice causing injuries on the occipital area in the right side of the head above the ear, one injury on the right shoulder and one injury on the right arm. The complainant shouted for seeking help and, at that time, one Prakash and Suresh came there and intervened in the matter. On the basis of the FIR lodged by the complainant, the accused persons were arrested. The police, after recording the statements of the witnesses and completing the investigation, filed the charge-sheet.