SHASHIDHARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have challenged the order of conviction recorded by the learned Third Additional Sessions Judge, Morena, thereby they have been convicted under Sections 302/34, I.P.C. and sentenced to suffer imprisonment for life.

(2.) According to the prosecution version, on 22-10-1979, the deceased Uma Charan Singh, who was a Medical Practitioner, had gone for the treatment of the brother of one Panna Chamar (PWs) at village Harichha. While deceased Uma Charan Singh was returning back to his village, witnesses Saheb Singh (P.W. 1), Desh Raj Singh (P.W. 2) and Hotam Singh (P.W. 3) were working in their Kacchar (Low lying fields). The Kachhar is on way to village Harichha from village Sagoli. When deceased Uma Charan Singh had crossed the Kachhar, it was at about 10.00 a.m., that the persons working in the field, namely, Saheb Singh (P.W. 1), Desh Raj Singh (P. W. 2) and Hotem Singh (P. W. 3), also started for their village Sagoli. When the deceased had reached near the tubewell of one Babu Pachori, three accused persons including the two appellants (since Ram Karan Singh had absconded and could not be apprehended during trial, as such, he was declared absconding and was not put up for trial) came out from the bushes where they were hiding themselves and surrounded the deceased. The deceased was abused and then fired at by the accused persons hitting the deceased at different parts of his body. The deceased fell down and all the three accused persons thereafter fled away from the spot. The witnesses Sahab Singh (P.W. 1) Deshraj Singh (P.W. 2) and Hotam Singh (P.W. 3) ran tawards the deceased, who was seriously injured, but was alive. Soon thereafter the witnesses Ramendra Singh (P.W. 4) and Ghanshyam Singh (P.W. 5) also came on the spot. They were told by the deceased that he was fired at by the accused-appellants and one absconding accused Ram Karan Singh. While the deceased was being brought to the hospital at Porsa on a Cot, he died on way. The FIR (Ex.P/1) was lodged by P.W. 1 Saheb Singh.

(3.) After the due investigation, challan was filed against the accused-appellants, showing the other co-accused Ram Karan as absconding. At the trial, the accused-appellants had abjured their guilt. Their case was that they were falsely implicated due to enmity since there was a civil litigation in between them on one side and the deceased Uma Charan Singh, Desh Raj Singh (P.W. 2) and Ram Lakhan and others on the other side.