SURAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal against the judgment dated 6.12.2005 passed by Sixth Additional Sessions Judge (Fast Track Court), Bhind in Sessions Trial No. 218/2004, by which the appellant Dhapai Singh @ Inder Singh @ Dalbeer Singh has been convicted of offence under Section 302 of IPC and appellants Suraj Singh, Chhiddu Singh @ Bhupendra Singh and Rai Singh @ Dharmendra Singh have been convicted of the offence under Section 302 read with Section 34 of IPC and sentenced to life imprisonment.

(2.) It is not disputed that the deceased Kok Singh and complainant Rasaal Singh were the accused in connection with murder of Prahlad Singh, who was the relative of appellants Suraj Singh, Dhapai @ Inder Singh @ Dalbeer Singh. Kok Singh and Rasaal Singh were acquitted from the aforesaid charge and there was enmity between both the parties.

(3.) The prosecution case, in short, is that on 12.12.2003 Rasaal Singh was going from Gwalior to Amayan by Bus No. MKH 7851. His nephew Ranvijay Singh also accompanied him. When the bus reached Mau, complainant's elder brother Kok Singh also boarded the bus to go to Amayan. Kok Singh was sitting on the last seat of the bus, whereas Rasaal Singh and Ranvijay Singh were sitting on the front seats. At about 4-30 PM, the bus stopped at Lalpura for dropping the passengers, at that time Dhapai Singh @ Dalbeer equipped with 12 bore double barrel gun, Rai Singh, Chhiddu @ Bhupendra Singh having katta and Suraj Singh having stick entered inside the bus. Rai Singh, Chhiddu and Suraj Singh dragged out Kok Singh. When Kok Singh objected then Suraj Singh told Dhapai to fire on him, at that point Dhapai fired on Kok Singh by 12 bore double barrel gun which hit on his head and he fell down on the surface of the bus. Seeing this Rasaal Singh and Ranvijay Singh jumped off the bus and ran away towards the field. After that accused persons fled away from the spot. Thereafter, Rasaal Singh and Ranvijay Singh came to the bus and they found that Kok Singh had expired. At the time of incident, Tilak Singh was also present on the spot and he witnessed the incident. Complainant Rasaal Singh lodged the FIR (ExP-9) at Police Station Amayan.