MANGAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The present criminal appeal has been preferred under Section 374 of the IPC assailing the judgment of conviction and sentence dated 29/11/2003 passed by Third Additional Sessions Judge (Fast Track Court) Dabra, District Gwalior in Sessions Trial No.66/2003, whereby appellant Mangal Singh has been convicted under Section 307 of the IPC and sentenced to five years rigorous imprisonment with fine of Rs.3,000/-; under Section 25 (1)(a) of Arms Act, sentenced to five years rigorous imprisonment with fine of Rs.1,000/-; and under Section 27 of the Arms Act, sentenced to three years rigorous imprisonment with fine of Rs.1,000/-. Appellant No.2 Sumer Singh has been convicted under Section 307/109 of IPC and sentenced to five years rigorous imprisonment with fine of Rs.3,000/-. Both the appellants have been additionally sentenced of imprisonment respectively in default of payment of fine.

(2.) Complainant Surendra Singh was the Secretary and appellant No.1 Mangal Singh was the Treasurer of Gram Panchayat, Eiton. The prosecution story briefly stated is that on 27/10/2002, there was a meeting of gram panchayat in village Eiton, wherein a scuffle on certain points took place. Appellant No.1 Mangal Singh slapped to Surendra Singh. Surendra Singh went to his village Richhari and narrated the incident to his brothers Bhawar Singh and Ramendra. Thereafter, the complainant along with his brothers went to the appellants' village. As per the prosecution story, appellants hurled abusive language and appellant No.2 Sumer Singh pelted stones on the complainant party and instigated his brother/appellant No.1 Mangal Singh to shoot them. Appellant Mangal Singh fired from the licensed gun which hit Surendra Singh and Surendra Singh fell down and gained unconsciousness. It is also the prosecution case that appellant Sumer Singh was having lathi at the place of occurrence. Injured Surendra Singh was taken to the police station Karaiya from where he was sent to J.A. Hospital, Gwalior. Dr. Surendra Singh Jadon medically examined injured Surendra Singh and prepared medical report (Ex.P-11).

(3.) The police apprehended the appellants on 28/10/2002 and recovered a double barrel gun from appellant Mangal Singh vide seizure memo Ex.P-7 and a lathi from appellant Sumer Singh vide seizure memo Ex.P-9.