AKHILESH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant - Akhilesh Singh was tried alongwith 4 others in the Court of Fourth Additional Sessions Judge, Bhind. Four of the accused were acquitted by the trial Court. The appellant was convicted under Section 302 Indian Penal Code and Section 25 of Arms Act and was sentenced to undergo life imprisonment on the former count and for 2 years R. I. under Section 25 of the Arms Act and the default clause of 6 months R. I.

(2.) The case relates to an occurrence which took place on 19/09/1998 at 06:30PM at Shastri Nagar Colony B Block when as per the prosecution, the appellant alongwith four accused formed an unlawful assembly armed with 12 bore rifle and country made pistol sharing common object to kill Nillu @ Ashwini.

(3.) As per prosecution story borne out from the First Information Report (Ex-P/1) the complainant Upendra Singh Bhadoria (PW-1) informed at 07:10PM that Nillu @ Ashwini was sitting at his timber mart when at 5PM his younger brother Pradhumn Singh (PW-7) had gone to play Cricket where Raju and Kallu, residents of Village Haiwatpura came and stopped Pradhumn Singh stating why he is playing on the ground. On being reported Nillu @ Ashwini alongwith boys sitting with him went to the field and gave beating to said Raju and Kallu who went back to Village Haiwatpura and came back with Akhilesh (appellant), Harvilas and nephew of Kallu, Raju. Akhilesh was armed with 12 bore double barrel gun, Kallu had 12 bore gun, Raju, Harvilas and nephew of Kallu, Raju had country made pistol. On reaching the spot, Akhilesh (appellant) abused Nillu @ Ashwini and said <IMG border=2 src="images\260918-54.jpg"> and gave one gun shot blow on his Chest when the complainant questioned as what are you doing, Akhilesh (appellant) retorted that kill him (PW-1) also. At that Kallu, Raju, Kallu's nephew and Harvilas opened fire. To save his life he (PW-1) took shelter behind Machine. Nillu @ Ashwini fell down, his father Buddh Singh (PW-3), Prashant Singh (PW-6), Shivnath (PW-5), Netrapal (PW-2) came to rescue, at that moment the assailant ran away.