LAWS(MPH)-1997-4-61

DHIRENDRA SINGH Vs. STATE OF M.P.

Decided On April 25, 1997
DHIRENDRA SINGH Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THESE appeals are directed against the Judgment dated 24.6.1993, in S.T. No. 140/84, by the Sessions Judge Satna. By the said judgment, the accused/appellants Dhirendra Singh, Prabhat Kumar, Anil Singh, Ravendra Singh, Mrigendra Singh, Jitendra Singh alias Baba and Buddhiman Singh, who have preferred Criminal Appeal Nos. 613/93, 623/93, 624/93, 628/93, 680/93, have been convicted for offence punishable under Sections 148 and 307 of I.P.C. read with Section 149 of I.P.C. and Section 302 read with Section 149 of I.P.C. and much of them have been sentenced to undergo R.I. for two years for offence punishable under Section 148 of I.P.C., life imprisonment for offence punishable under Section 307 read with Section 149 of I.P.C. and life imprisonment for offence punishable under Section 307 read with Section 149 of I.P.C. while Criminal Appeal No. 366/94 is preferred by the State against acquittal of accused/respondents Brajendranath Singh, Rajendra Singh, Umesh Singh, Mangleshwar Singh and Shankar Dayal, by the aforementioned judgment.

(2.) THE accused/appellants Ravendra Singh, Jitendra Singh alias Baba and Rajendra Singh are brothers. They are sons of accused Rajendra Singh who however died during the pandency of the trial. The deceased Dal Pratap Singh and complainant/injured Akhand Pratap Singh (PW/15) were probationer Sub -inspectors and were posted at Sidhi, at the time of the incident.

(3.) ON 24.10.1982 at about 7.30 p.m. while complainant Akhand Pratap Singh (PW/15) and deceased Dal Pratap Singh were going on duty for 'Gasht' the accused persons numbering about 12 or 13 armed with hockey, sticks, iron rods, lathi etc. surrounded and assaulted them near Gandhi Chowk at Sidhi, Accused/appellant Brijendranath Singh has a 'Katta' (country made pistol) with him and fired it twice towards the complainant Akhand Pratap Singh (PW/15) who saved himself by bending down and when accused Brijendra Singh was trying to fire at them again. Akhand Pratap Singh P.W.15 fired at accused Brijendra Nath Singh, due to which his hand was injured. Akhand Pratap Singh (P.W.15) thereafter fired several rounds in the air, upon which the accused persons ran away from spot. Dal Pratap Singh fell down and became unconscious, as a result of injuries sustained by him.