HAKIM SINGH S/O PRAHLAD SINGH Vs. STATE OF MADHYA PRADESH, THROUGH - POLICE STATION AMBAH DISTRICT MORENA (MP)

JUDGEMENT

(1.) This appeal has been preferred by the accused persons under Section 374 of the CrPC being aggrieved by the judgment of conviction dated 1.9.2005 passed by the Fifth Additional Sessions Judge (Fast Track Court) Morena in Sessions Trial No. 25/1995, whereby each of the appellants was convicted under Section 302 of the IPC and sentenced to life imprisonment with a fine of Rs.500/- with default stipulation and appellant No.1- Hakim Singh has been additionally convicted under Section 25(1)(a) of the Arms Act and sentenced to one year RI and it is directed that appellant No.1-Hakim Singh's both jail sentences to run concurrently. Hakim Singh and another vs. State of MP

(2.) Undisputedly complainant Ramprakash (PW-3), his father Gambhir Singh (PW-4) and his cousin brother Hari Singh (PW-5) are residents of village Kisrolee and deceased Mahavir was also brother of complainant Ramprakash and similarly acquitted accused persons by the trial Court, Ramkhiladi, Rameshwar and present appellant No.1-Hakim Singh are real brothers.

(3.) Prosecution's case in brief is that complainant Ramprakash (PW-3) on 27.11.1994 at 14=30 hours reached Police Station Ambah that dead body of deceased Mahavir and lodged FIR (Ex.P/7) to the effect that about two months ago above mentioned Ramkhiladi gave beating to small children Manish and Keshav of complainant's family and on this issue verbal altercation occurred between complainant and Ramkhiladi. On the date of incident 27.11.1994 in the morning at about 8=30, complainant's brother Mahavir was coming after taking water from the well and at the same time complainant Ramprakash was returning to the village after answering the call of nature, then near a school, Hakim Singh having a single barrel 12 bore gun and Vakeel Singh having a mouser gun, and each of Ramkhiladi, Rameshwar and Rampat having separate stick came there and all the above-mentioned accused persons encircled Mahavir near the school then Ramkhiladi @ Khiladi struck by his stick over earthen pot of water carried by Mahavir thereby earthen pot got broken after falling on earth. Mahavir started running but Hakim Singh, Vakeel Singh, Khiladi, Rameshwar and Rampat chased him and encircled Mahavir again. Complainant cried that Mahavir is being killed and after Hakim Singh and another vs. State of MP hearing his cry, his cousin brother Hari Singh (PW-5) and father Gambhir Singh (PW-4) also reached on the scene of occurrence. Thereafter each of Rampat and Ramkhiladi @ Khiladi gave beating to complainant Ramprakash by their sticks which caused injuries on his left shoulder, on little finger of right hand and back side of skull and complainant fell down. Hakim Singh fired by his single barrel 12 bore gun over Mahavir with intention to kill him which caused injury on left jaw of Mahavir and blood was oozing out and Mahavir fell down. Then Vakeel Singh fired from his mouser gun, which caused gun shot over Mahavir's neck and Mahavir immediately died. Thereafter Hakim Singh, Vakeel Singh and their companions Rampat, Rameshwar and Khiladi fled away towards 'behad' and one air-fire was made by Hakim Singh after reaching the place of Siddha Baba and all the above-mentioned five persons fled away after the incident. Thereafter, with the help of Phool Singh, Gambhir, Rajkumar, Hari Singh and others dead body of Mahavir was kept on a cot and complainant with dead body and other above-mentioned persons reached the police station Ambah and lodged FIR, which was scribed by Town Inspector V.S.Jadon.