POP SINGH Vs. STATE OF M.P..

JUDGEMENT

(1.) Heard on I.A.No.2352/2018, an application under Section 389 (1) for Cr.P.C. on behalf of appellant No.2 Hazuri Singh @ Bhatele seeking suspension of sentence, as vide judgment dt.30.11.2017, appellant No.2 Hazuri Singh @ Bhatele has been convicted under Section 302 read with Section 149 of IPC and sentenced for life imprisonment with fine of Rs.10,000/-. In default of payment of fine, he has to undergo one year additional R.I. He has been further convicted under Section 307/149 of IPC and sentenced to seven years R.I. with fine of Rs.10,000/- and in default of payment of fine, additional R.I. for six months. He has also been convicted under Section 148 of IPC and sentenced to three years' R.I. with fine of Rs.3,000/- and in default of payment of fine, three months' additional R.I.

(2.) It is submitted that provisions of Section 149 of IPC will not be attracted, inasmuch as there is no overt act of the present appellant and as per the prosecution story allegation is that on 01.12.2003 at about 1.00 p.m. when the complainant Kamal Singh, who was Vice President of Janpad Ater reached Khurd Ater legislative assembly constituency driving vehicle of independent candidate, Avdhesh Mishra, and was talking to Brijkishore and other persons nearby polling booth at Govt. Primary School, when Vishambhar Singh Bhadoriya of Dangpura armed with 315 bore rifle, Pop Singh Bhadoriya armed with 12 bore, Narendra @ Pappu and Huzur Singh @ Bhatele armed with Adhia came from the side of the village and started abusing Vijayram Sharma and Kunwar Singh Bhadoriya, who were standing behind the house of Gulab Singh, saying that when they had directed them not to vote, then why they are standing there. Before Vijayram could speak anything, Vishambhar fired a gun shot, which hit in the stomach of Vijayram and he had fallen down. When Kunwar Singh tried to run away, then on exhortation of Vishambhar, Pop Singh and Hazuri Singh fired causing injury to right wrist and shoulder of Kunwar Singh. Pappu @ Narendra had also fired. Thereafter Thansingh, Ashok Singh and Ramrajsingh also came abusing and had beaten Kunwar Singh. He was saved by Brijkishore, Naresh Singh and Ravindra Singh when Vishambhar and others left the scene murmuring.

(3.) As far as Vishambhar is concerned, there is direct allegation on Vishambhar and his application for suspension of sentence has already been withdrawn after arguing for substantial time.