VIJAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dt. 22-6-1995 in Session Trial No. 123/91 passed by VIth Additional Sessions Judge, Jabalpur. The appellants are two of the five accused who were tried. Manohar Singh appellant has been convicted u/S. 302, I.P.C. and Section 27 of the Arms Act and has been sentenced to life imprisonment and imprisonment for 3 months respectively. Vijay Singh appellant has been convicted u/S. 302/34, I.P.C. and Section 27 of the Arms Act. He has also been sentenced to life imprisonment and imprisonment for 3 months for the respective offences. Three other accused persons; Lakhan Rajoriya, Shobharam Patel and Shiv Kumar were acquitted. All the accused including the appellants were acquitted of the charges u/S. 147 and 148, I.P.C.

(2.) The incident had occurred on 18-1-1989 at 2 p.m. in village Rimjha. In this incident on the instigation of Vijay Singh appellant, his son Manohar Singh fired a shot at Kailash with a gun which hit him on the abdominal region just above the scrotum and piercing the body emerged at the buttock. Kailash had come to the village Rimjha to file his nomination paper before the election officer Shri B. P. Rajak for the election of Sarpanch. Vijay Singh was also a candidate for the office of Sarpanch. Manohar Singh quarrelled with Kailash as to why he dared to be a candidate for the office of Sarpanch. He and other accused had attacked him and his companions with lathies also. Thus, his brother Raju alias Bharat Singh was hit with lathi and injuries were caused to him. Kailash was treated in hospital for about 3 months, but, he died due to his injuries on 22-4-1989.

(3.) First information report in this case had been recorded at Police Station Paten on the statement of Kailash Singh deceased himself. On the date of incident i.e. 18-1-1989 at 7.15 p.m. Kailash was the resident of village Chhatarpur. He had gone to village Rimjha at 1.30 p.m. to file his nomination form. Before he could handover his form to the election officer, Manohar Singh snatched it. Lakhan Rajoriya and Manohar Singh started assaulting him and Manohar Singh questioned as to how he dared to fill up his nomination. Kailash then started escaping. On this Vijay Singh exhorted "MADER CHOD KO MAR DO". Manohar Singh then fired a shot at Kailash which hit him on the front of his abdomen just above scrotum on the right side and pierced him on the back portion. Bharat Singh alias Raju who was with Kailash was beaten by Lakhan Rajoriya by lathi blows on his arms and ribs. In the first information report it was mentioned that witnesses Jhakkan Singh, Kalyan Singh Lal Singh, Ganesh Singh had witnessed this incident. It was also asserted that accused Dhuri Singh also gave lathi blows on the legs of Kailash while Jhaloun had thrown him down (PATAK DIYA). Then Bhimme Singh witness brought Kailash to village Chhatarpur. From the village Prakash, Mullu, Charan and Buddhu brought him on a cot to police station.