GAJENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the judgment of conviction and sentence dated 20-1-2005 passed by Smt. Sunita Yadav, 1st Additional Sessions Judge, Chhatarpur, in Sessions Trial No. 147/2003 convicting the appellants under Section 302/34 of IPC and sentencing with Rigorous Imprisonment for life and fine of Rs. 10,000/-, in default six months' Rigorous Imprisonment, this appeal has been preferred by the appellants.

(2.) THE brief facts of the prosecution case are that on 6-6-2003 marriage ceremony of daughter of Ganesh Prasad was being celebrated in Shantinagar Colony, Chhatarpur. Deceased Deendayal was also present there. While deceased Deendayal was sitting with other villagers, Bablu Singh (P.W. 2) and Chintu (P.W. 7) in a tent, at that time the accused persons came in a Jeep at about 10.45 p.m. at the place of incident. Accused Gajendra Singh alighted from the Jeep, he was having 315 bore rifle. Along with him accused Katare Raja, Ravindra Raja and Chhatrapal Singh also alighted from the Jeep. On exhortation of accused Katare Raja and Ravindra Raja, the accused Gajendra Singh fired gun shot on Deendayal due to which Deendayal fell down on the ground. Accused Gajendra Singh fired second gun shot causing injury and thereafter all the accused persons ran away in the jeep. THE information about the incident was given on phone to the Police Station Civil Lines. Due to gun shot injury Deendayal died on the spot. THE witness to the incidents were Bablu Singh, Chintu, Makhan, Kittu Lodhi and others. After committing murder the accused persons Gajendra Singh, Ravindra, Chhatrapal and Katare ran away in the jeep. THE accused persons were having enmity with Deendayal due to the murder of Jangbahadur. THE report of offence was made by Bablu Singh, on the basis of which Crime No. 125/2003 under Section 302/34 was registered against the accused persons at Police Station Civil Lines, Chhatarpur. After investigation challan was filed against accused Gajendra Singh, Ravindra Singh @ Munna Raja, Katare Raja @ Katte Raja and Chhatrapal Singh and after trial appellants/accused persons were convicted as above mentioned.

(3.) THE main point for determination of this appeal is that whether the evidence has been properly appreciated by the Court below or not ? Whether the appeal deserves to be allowed.