PAPPU ALIAS GAJRAJ Vs. STATE OF MP

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected criminal appeal No.386/1999, Nepal and others v. State of M.P., since both the appeals have arisen from the common judgment passed by the learned Trial Court.

(2.) Feeling aggrieved by the judgment of conviction and order of sentence dated 18.8.2009 passed by the learned First Additional Sessions Judge, Shivpuri in Sessions Trial No.64/1997, convicting appellant of this appeal under Section 302 of IPC and thereby sentencing him to suffer life imprisonment and fine of Rs. 10,000, in default, further R.I. of one year and further convicting the appellants of connected criminal appeal No.386/1999, appellant No. 1 Nepal under Sections 325 and 323, appellant No.2 Brajesh under Sections 325 and 323 and appellant No.3 Haricharan under Section 323 of IPC and thereby sentencing them to suffer rigorous imprisonment and fine as mentioned in the impugned judgment, these two appeals have been filed by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973.

(3.) In brief, the case of prosecution is that on 28.10.1996 at 8.00 p.m. appellant Pappu alias Gajraj outraged the modesty of Kamlesh, who is wife of Simran (PW10), and when his act was complained by Simran to the appellant, it is said that he (appellant) told that just now he will teach a lesson and thereafter all the accused persons, who were seven in number came and threw Simran on the ground and wielded lathis to him. When Kailash came to intervene, it is said that Brajesh (appellant No.2 of connected criminal appeal No. 386/99 dealt lathi blow on his head. Manthe. Nepali, Chandel and Pappu alias Gajraj (appellant) also dealt blows of kicks and fists. At that juncture, Tarachand (PW4), his brother Manphool (hereinafter referred to as "the deceased") and Gajju (PW 6) came to intervene, at that time, accused Amarlal and his companions asked the appellant of this appeal as to why he is witnessing the incident, thereafter he rushed in his house and by carrying a 12 bore licensee gun of his father fired it from the balcony in order to kill the deceased. The gun shot hit the waist of the deceased from left side and the bullet came out from his back region, as a result of which, the deceased fell down at that place only. The pallet of the second fire, which was caused by appellant, hit the right calf of Tarachand (PW4). The inhabitants of the village also assembled there and thereafter, all the accused persons ran away. The deceased died at the spot and the First Information Report was lodged by Tarachand (PW4) in police station Bairad.