GANPAD SINGH @ GANNU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In both the appeals, a challenge has been made to the common order of conviction and sentence dated 04-05- 2001, passed by Sessions Judge Narsinghpur, in Special Case No.14/2000, whereby the appellants have been convicted and sentenced as under : <FRM>JUDGEMENT_321_LAWS(MPH)2_2018_1.html</FRM> <FRM>JUDGEMENT_321_LAWS(MPH)2_2018_2.html</FRM> <FRM>JUDGEMENT_321_LAWS(MPH)2_2018_3.html</FRM> <FRM>JUDGEMENT_321_LAWS(MPH)2_2018_4.html</FRM> <FRM>JUDGEMENT_321_LAWS(MPH)2_2018_5.html</FRM>

(2.) Criminal case was set at motion on the report lodged by Chironja Bai on 12-12-1996 to the effect that an incident of firing had taken place, in which Narbada @ Nabboo was assaulted and he received injuries, out of which he died.

(3.) In nutshell the prosecution case is that Gannu Patel fired at Nabboo, which caused an injury near the left ear and left eyebrow. At that very moment, Shashi Rajput, who was standing also fired, which hit Nabboo at his right hand and neck, after he had fallen down. It is also stated that at that time Thamman Patel and Gunnu Rajput were also present there. It is alleged that accused Gannu Patel and Shashi Rajput were carrying gun where as Thamman Patel and Gannu Rajput were having country made pistol (Katta). FIR was registered for commission of offence under Sections 302, 307, 341 and 323/34 of IPC and also under section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.