TULSIRAM ALIAS KALLI Vs. STATE OF M P

JUDGEMENT

(1.) These appeals are inter-linked having arisen out of a common judgment dated 21/4/2011 passed by Additional Sessions Judge, Senvdha, District Datia in S.T. No. 21/2010, whereby appellant Tulsiram has been convicted under section 302 of the IPC and sentenced to undergo imprisonment for life with a fine of Rs.2000/-, in default to suffer R.I. for 3 months and for the offence under section 30 of the Arms Act, he has been sentenced to undergo R.I. for 6 months with fine of Rs.500/- in default to suffer R.I. for 1 month, with the direction that his custodial sentences shall run concurrently. Appellant Narayan has been convicted under section 25(1B) (a) of the Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs.1000/-, in default to suffer R.I. for 3 months.

(2.) Prosecution story, in brief, is that on 16/11/09, at about 8.30 p.m., complainant Virendra Singh (since deceased) had gone to the house of Bhaiyalal Baghel (PW4) at Village Kheri Chachu to attend the thirteenth day ceremony of his mother where Sobran Singh (PW2), Rajendra Singh (PW1), Arvind (PW3), Raghuvir Singh (PW5), deceased's brother Rajendra Singh (PW8) and deceased's nephew Ranbir Singh (PW6) were also present. After having meals, an altercation ensued between Sobran Singh and the accused persons in front of the house of Sobran Singh. When Virendra Singh tried to intervene, appellant Tulsiram fired at him through his 12 bore gun, causing injury on left side of abdomen. When Arvind tried to save Virendra, appellant Narayan fired at him through his 12 bore country made pistol but the bullet missed the target and whizzed passed the head of Arvind. Co-accused Pappu, while abusing, exhorted and assaulted Arvind by Luhangi, causing injuries on his head, left leg and right knee.

(3.) After completion of investigation, charge-sheet was filed in the Court of Judicial Magistrate First Class, Seondha, who committed the case to the Court of Session for trial, where charges for alleged offences were framed against the appellant and co-accused by the trial Court, to which they pleaded not guilty and claimed trial.