Decided on November 09,2016



N.V.RAMANA, J. - (1.) This appeal arises out of the judgment and order dated 19th March, 2007 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 36 of 1996 whereby the High Court has partly allowed the appeal preferred by the State by confirming the judgment of the Trial Court for the offence under Section 148 of IPC and convicted the appellant herein for the offence under Section 302, IPC and sentenced him to undergo imprisonment for life.
(2.) The brief facts of the case as culled out from the case of the prosecution are that on 26th December, 1987 at about 1 p.m. while Gambhir Singh (PW 7) (brother of the deceased) was having lunch at his home, the appellant along with a group of co-accused persons, each armed with deadly weapons rushed to his house hurling abusive filthy words and picked up a quarrel with his brother Jagannath Singh (deceased) who was sitting outside on a platform (Chabutara) along with his nephew Bir Singh (PW 11). When Jagannath Singh (deceased) raised objection to their behavior, the appellant fired a gunshot in the abdomen of the deceased as a result of which he fell down on the ground and succumbed to the injuries.
(3.) Gambhir Singh (P.W. 7) carried the body of the deceased to the police station, Lahar on a bullock cart and lodged the FIR (Annexure P-1) at 4.15 PM on the same day. Dilip Singh Yadav (PW-13) prepared inquest memo and Dr. A. K. Upadhyay (P.W. 12) conducted autopsy on the dead body. On the next day, Dilip Singh Yadav (PW 13) seized blood stained soil and plain soil from the place of occurrence, as per seizure memo. He also seized a gun, 12 live cartridges and 9 empty cartridges from the possession of appellant Mahavir Singh, an axe from Sobaran (co-accused) and a lathi from Kanched Singh (another co-accused) as per seizure memo and sent them to the Forensic Science Laboratory at Sagar. Consequently, statements of witnesses were recorded under section 161 of Cr.P.C., spot map was prepared and Charge-sheet was filed against the appellant under sections 302, 147, 148 and 149 of the IPC in the Court of Judicial Magistrate First Class, Lahar who committed the case to Court of Sessions for Trial. The Trial Court framed charges u/s 302 and 148 of IPC against the appellant and under sections 148, 302/149 of IPC against co-accused. All the accused pleaded not guilty and claimed to be tried. To prove the guilt of the accused, the prosecution has examined 13 witnesses and marked several Exhibits while the accused examined none in defence and no exhibits were marked on his behalf.;

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