SUDHIR SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 29.09.2007 passed by Special Judge, Khandwa, in Sepcial Criminal Case No.86/2006. The appellant was prosecuted for commission of offences punishable under Sections 302, 366, 354 of the IPC and 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of the IPC and awarded the sentence for life and fine amount of Rs.1000/-, with default stipulation. Three persons were prosecuted. Two persons were acquitted by the trial Court.

(2.) Prosecution story, in brief, is that the deceased and other persons were working as labourers on a canal. Huts were erected for residence of labourers. Near the canal, labourers were living along with their wives, children and other persons. Deceased-Kalu and three ladies were sleeping out side of the hut. The appellant came at the hut along with two other persons. He told the ladies that they are theives. They denied the same fact. Thereafter, the appellant returned back at around 3 O'clock. The appellant again came back along with two accused persons. They tried to take away Rebu Bai, the niece of the deceased. Deceased heard the cry of Rebu Bai. He came to hut.

(3.) Rebu Bai (PW-5) is the eye witness. She deposed that the appellant was working as Guard (Chowkidar) at the dam. We were working as labourers. I and other persons were working as labourers along with the deceased. The deceased was my uncle. The appellant and other guards came to me in the night. They were trying to lift me. I cried and thereafter my uncle came to me. The accused persons left the place. Thereafter, at around 6 O'clock, I asked the accused and other persons that why they were troubling me in the night. The appellant-accused replied not to talk otherwise he would kill me. My deceased-uncle was coming after answering the call of nature. He asked from the deceased that why he was talking to the girl. He told them to talk to him. In that event, the appellant had fired a gun shot, which had hit at the chest of the deceased and the appellant ran away. Deceased fell down. My another uncle Phool Singh and other persons came there. The police also came there. I identified the appellant in the identification parade.