GOVIND SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by appellants being aggrieved by the judgment and sentence dated 15.02.2000 passed by the Sessions Judge, Bhind in Sessions Trial No. 170/1991, whereby learned Sessions Judge has convicted all the accused persons under provisions of Section 148 of IPC and sentenced to one year's R.I. Appellant Abhilakh Singh is also convicted under Section 302 of IPC and sentenced to life imprisonment and fine of Rs.5,000/-, in default of payment of fine one year's additional R.I., Appellants Govind Singh, Munnalal @ Ramnaresh, Jagmohan and Atal Singh have been convicted for offence under Section 302/149 and sentenced to life imprisonment and fine of Rs.5,000/- in default of payment of fine, one year's R.I. Appellants Govind Singh and Jagmohan have been convicted under Section 324 of IPC and sentenced to one year's R.I. Appellants Munnalal, Abhilakh Singh and Atal Singh have been convicted under Sections 324/149 of IPC (two counts) and have been sentenced to one year's R.I. on each count. Appellants Govind Singh and Jagmohan have also been convicted under Section 324/149 of IPC and sentenced to one year's R.I. Appellants Munnalal and Atalsingh have been convicted under Sections 323 of IPC and sentenced to six months' R.I. Appellants Govind Singh, Jagmohan and Abhilakh Singh have been convicted under Section 323/149 of IPC (two counts) and have been sentenced to six months' R.I. in each count. Appellants Munnalal and Atal Singh have been convicted under Section 323/149 of IPC and sentenced to six months' R.I. It has also been ordered that all the sentences shall run concurrently.

(2.) At the outset, it is submitted by Shri Madhukar Kulshrestha, learned counsel for the appellants that appellant No.1 Govind Singh has died and his legal heir has been substituted vide order dt.24.4.2013 and such substituted legal heir is pursuing this appeal seeking acquittal of Govind Singh

(3.) As per prosecution story, incident had taken place on 20.09.1990 at 4:30 p.m. and was reported to the Police Station Ater, District Bhind on 20.09.1990 at 8:30 p.m. Copy of such report registered at 'zero' on 20.09.1990 at 20:30 hours is Ex.P/8. On the basis of such report, FIR was registered at 15:10 hours on 21.09.1990 registering Crime No.54/1990 at Police Station Pawai, copy of which is Ex.P/5. As per prosecution story, on 20.09.1990 at 4:30 p.m. when complainant Mahesh Singh alongwith Subhash Singh was grazing goats in the 'behad' of 'Khanderi Ka Har', then at some distance cousin brother of Mahesh Singh, Bhojraj Singh was grazing his buffaloes. At this point, accused Abhilakh Singh & Govind Singh reached there and asked Bhojraj Singh not to graze buffaloes at that place and had beaten Bhojraj with kicks and fists. When Mahesh Singh and Subhash Singh saved Bhojraj Singh then accused Abhilakh Singh and Govind Singh had run away towards their village. After some time, accused Abhilakh Singh armed with gun; Govind Singh, and Jagmohan Singh with farsa; Munna and Atal Singh with sticks reached there. Accused Abhilakh Singh had fired a gunshot from his 12 bore gun hitting Subhash Singh who had sustained injury on left hand side of his stomach and had fallen down. Allegation is that accused Jagmohan Singh had hit Mahesh Singh with a farsa on his head, whereas Munna had hit Mahesh Singh on his right hand shoulder and waist. Govind Singh had hit Bhojraj Singh with a farsa on his head and Atal had beaten Bhojraj with sticks causing injuries on left hand and waist.