LAWS(MPH)-2018-4-274

JAGGI ALIAS JAGDISH Vs. STATE OF MADHYA PRADESH

Decided On April 02, 2018
Jaggi Alias Jagdish Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 03/07/1995 passed in Sessions Trial No. 96/95.

(2.) Prosecution story in brief is that Kamlesh, Rakesh, Prakash, Kartar Singh and deceased Kamal Singh used to come Sagar from their Village Sironja for study. Accused Jaggi @ Jagdish was resident of village Lodhipura. Aforesaid village is on the way between Sagar and Sironja. Two days before from the date of incident deceased Kamal Singh had torn book of accused Dalpat. On this, there was quarrel between them. On 30/11/1994 at around 11 O'clock Kamlesh, Rakesh, Prakash, Kartar Singh and Kamal Singh were going to school at Sagar from their village, near Lodhipura, accused Jaggi @ Jagdish and other persons had quarrel with them, thereafter, they had rushed to the control room, near police station civil lines. Accused Jaggi @ Jagdish, Dalpat, Mohan and Ramji chased them on two bicycles. Thereafter, they had committed maarpeet with Kamal Singh. Dalpat had inflicted blows of knife at Kamal Singh, he fell down thereafter, Dalpat tried to kill Kamlesh S/o Ramcharan, he ran away from the spot. He entered into the Bungalow of Mr. R.S. Gupta, Dy. Commissioner. Present appellant also reached there, thereafter accused Dalpat inflicted blows of knife to injured Kamlesh in the Aagan. Mr. R.S. Gupta, catch hold accused Dalpat. Police Personnel also came there and they catch hold present appellant and Dalpat. Injured persons and deceased were sent to district hospital Sagar. Station House Officer, Police Station Civil Lines reached at the hospital. He recorded Dehati Nalsi as per version of Kamlesh and also recorded dying declaration of deceased Kamal Singh which is in the form of statement under Section 161 of Cr.P.C. and conducted investigation. After investigation charge-sheet was filed. Present appellant abjured his guilt during trial and pleaded innocence. Accused Dalpat was minor he was tried separately by Juvenile court. It is informed by Dy. Government Advocate that accused Dalpat has been died.

(3.) There are three eye witnesses of the incident. PW/11 Kamlesh is the injured eye witness. He deposed that on 30/11/1994 in the afternoon I, Kamal Singh, Prakash and Kartar Singh were going to school. We were walking. Distance between our village and Sagar is near about 8 kms. Village Lodhipura is on the way between our village and Sagar. On 29/11/1994 Kamal Singh had torn one page of book of Dalpat. On 30/11/1994 when we were going to Sagar then on the way near flour mill at village Lodhipura Rakesh and Dhan Singh told that why we had quarrel with Dalpat Yesterday, thereafter, they had beaten Kamal Singh and Kartar Singh. They slapped them, we went to police line near Sagar University. Accused persons Jaggi @ Jagdish, Ramji, Mohan and Dalpat also came there on their bicycles. They parked their bicycles under koha tree. They had beaten me and Rakesh and slapped us. At that time Dalpat had taken out knife from his pocket. Kamal Singh ran upto some distance, at that time Dalpat inflicted two blows at Kamal Singh. One is on the chest and one other on back side. Jaggi @ Jagdish also tried to beat him. I ran away and entered in to bungalow of Dy. Commissioner and near the gate I received a blow of knife on my chest inflicted by Dalpat who had inflicted another blow I could not see. Dy. Commissioner catch hold hand of Dalpat. Thereafter, some persons came there, they had taken me out side from the bungalow of Dy. Commissioner. Other persons had taken us on auto to police station and from there to hospital. We were referred to Bhopal. On the way to Bhopal Kamal Singh was died. Police seized my shirt and recorded my statement in the evening at District Hospital Sagar which is Ex. P/26, I signed the same. I also signed Ex. P/16.