MANGAL SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) Criminal Appeals No.831/2007 and 852/2007 have been filed by the accused/appellants being aggrieved of judgment dated 29.9.2007 and Criminal Appeal No.178/2010 has been filed being aggrieved of judgment dated 26.2.2010 passed by the Fourth Additional Sessions Judge, Gwalior, in Sessions Trial No.156/2006, whereby each of the appellants (11 in number) have been convicted under Section 148 of IPC with two years RI, under Section 302/149 of IPC with life imprisonment and fine of Rs.3,000/-, under Section 307/149 of IPC (on three counts) with 7 years of RI and fine of Rs.1,000/- on each count and appellant Harnam Singh has been convicted under Section 323 of IPC, whereas other appellants have been convicted under Section 323/149 of IPC with six months RI and in default of payment of fine each of the appellants has to undergo six months additional RI and appellants Kadma @ Kadam Singh and Ramsevak have further been convicted under Section 25 of the Arms Act with three years RI and fine of Rs.1,000/- and under Section 27 of the Arms Act with seven years RI and fine of Rs.1,000/- and in default of payment of fine they have to undergo three months additional imprisonment.

(2.) Prosecution case in short is that Sughar Singh Gurjar and Narayan Singh Gurjar are having rivalry for last 14-15 years. On 17.11.1992 as per the report lodged by Sughar Singh Crime No.149/92 was registered against Narayan, Lakhan, Uttam, Meharban Gurjar under the provisions of Sections 336, 294 and 506-B of IPC. This was the starting point since when counter allegations against each other were made and several cases were lodged against the rival parties. In the fag end of 2004 members of both the parties with the help of friends and relatives assembled at Shitla Mata Mandir and compromised their disputes and took oath not to indulge in any rivalry in future.

(3.) On 1.4.2006 one Umruddin resident of Rajasthan was threshing wheat at the farm of Mangal Singh with his thresher and tractor when Pappu Gurjar and Niranjan Gurjar asked him to take his thresher to their farm. In the meanwhile, Mangal Singh and his family members namely Bhagat Singh and Manni arrived there and opposed Pappu and Niranjan resulting in oral dispute when Pappu and Niranjan proceeded to their farm. As per prosecution story, after some time Mangal Singh, Bhagatsingh, Navabsingh, Rustamsingh, Sabharam, Ramsevak armed with mouser and 12 bore guns, Manni with Lohangi, Balveer with Baka, Ramniwas and Harnam armed with Lathi came there and fired gunshots at Pappu and Niranjan when Niranjan died of such gunshot injury. It is alleged that Niranjan died of gunshot fired by Mangal Singh. It is also alleged that in such firing Pappu @ Kalicharan and Ballu @ Shivsingh were injured. Pappu sustained gunshot injury allegedly caused by Navabsingh and Rustam, whereas Ballu @ Shivsingh sustained gunshot injury allegedly caused by Bhagatsingh and Kadma. It is also alleged that Manni caused injury with Lohangi to Lakhan. Complaint was lodged by Lakhan Singh at police Station, Panihar, immediately after the incident, as a result of which Crime No.32/2006 was registered under the provisions of Sections 302, 307, 147, 148, 149 of IPC read with Sections 25/27 of the Arms Act.