DILIP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal filed under Section 374 of Cr.P.C. isto the conviction and sentence recorded by the Additional Sessions Judge, Gohad, District Bhind vide judgment dated 23.10.2003 passed in Sessions Trial No. 25/2002, whereby appellant No. 1 Dilip Singh has been convicted and sentenced under Section 302 of IPC for causing murder of Kunwar Pal Singh to undergo life imprisonment with a fine of Rs.250/- and under Section 302/34 of IPC in relation to murder of Dara Singh to undergo life imprisonment with a fine of Rs.250/- with default stipulation and appellant No. 2 Banwari has been convicted and sentenced under Section 302 of IPC for causing murder of Dara Singh to undergo life imprisonment with a fine of Rs.250/- and under Section 302/34 of IPC in relation to murder of Kunwar Pal Singh to undergo life imprisonment with a fine of Rs.250/- with default stipulation.

(2.) Undisputedly, by the same impugned judgment each appellant was acquitted by the trial Court for offence punishable under Section 25 and 27 of the Arms Act and by the same judgment, third tried accused Faujdar Singh was acquitted from the charge of Section 303 of IPC.

(3.) Prosecution's case, in brief, is that on 29.09.2001 at about 05:00 PM, complainant Sonu Singh (PW-1) with his father Kunwar Pal Singh and field neighbours Sardar Singh (PW-10) and Ajmer Singh (PW-11) were returning by a tractor to complainant's village Rasnol and when they reached Kori's Mohalla, then appellant Dilip having a mouser gun, appellant Banwari having a stick in his hand and Faujdar and Pankaj (juvenile delinquent) suddenly came there and stopped the tractor. Thereafter, Faujdar Singh asked to Kunwar Pal that why he is behaving differently, whereas all Thakurs are in his favour. Kunwar Pal replied that he will visit all relatives. Banwari assaulted by his stick over shoulder of Kunwar Pal, thereafter, Faujdar pulled Kunwar Pal from tractor and threw him on the ground, thereafter, Dilip fired a shot by his mouser gun, which caused injury over abdomen of Kunwar Pal, thereafter, Kunwar Pal tried to run, but as the doors of Bhure Kori's house were closed, Kunwar Pal could not enter into Bhure's house, thereafter, Dilip fired second shot from his gun, which caused injury over chin of Kunwar Pal and he fell down on the cot which was kept in the house of Bhure Kori, thereafter, complainant Sonu Singh after running towards his house and after reaching there, intimated his brother Dara Singh and elder brother of his father Surat Singh (PW-2) that his father has been murdered by Dilip Singh, then Dara Singh, Surat Singh (PW-2) and complainant's sister Bhuta Bai (PW-5) proceeded towards the scene of occurrence and in the way Dara Singh was ahead, then Banwari fired a shot from his country made pistol on Dara Singh, which caused injury on the chest of Banwari. Dara Singh also started running to save himself but he fell down in front of door of Lajjaram's house. Thereafter, due to fear, complainant Sonu Singh, Surat Singh and others ran away to save themselves and hide in their houses by bolting their doors from inside the house and remained in their houses for about two hours. Thereafter, Sardar Singh and Ajmer Singh came to their house and intimated them that all the four accused persons have gone, thereafter, complainant Sonu Singh (PW-1) with Surat Singh (PW-2) and Ajmer Singh (PW11) reached police station Mau and lodged the FIR (Ex. P-1) at 21:20 hours which was inscribed by SHO Rajendra Singh Raghuvanshi.