BHAGWAN SINGH TANTEE Vs. STATE OF M P
LAWS(MPH)-1980-10-34
HIGH COURT OF MADHYA PRADESH (FROM: GWALIOR)
Decided on October 09,1980

BHAGWAN SINGH TANTEE Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

SANATAN GHORAI V. THE STATE OF WEST BENGAL [REFERRED TO]
RAMESHWAR S O KALYAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
R K DALMIA VS. DELHI ADMINISTRATION [REFERRED TO]
NIDHAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
PIARASINGH VS. STATE OF PUNJAB [REFERRED TO]
SHESHANNA BHUMANNA YADAV VS. STATE OF MAHARASHTRA [REFERRED TO]
RAM NARAIN SINGH JAGGAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
KANAN VS. STATE OF KERALA [REFERRED TO]


JUDGEMENT

- (1.)THIS is an appeal against the judgment and order of conviction dated 22-2-1979, recorded by the Additional Judge to the Court of Sessions Judge, Gwalior in Sessions Trial No. 92 of 1978, convicting the appellant under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and also convicting him under section 201, indian Penal Code and sentencing to five years' rigorous imprisonment. It is also ordered that both the sentences will run concurrently.
(2.)THE facts of the case, shortly stated, are these: On Agra-Bombay road, which goes from Gwalior to Shivpuri, there is a village called Mohna, in between these two cities. Agra-Bombay road branches off at Mohna towards Phori. Village Dher Pohri is at a distance of 2 1/2, furlongs from this road.
(3.)ACCORDING to prosecution, deceased Gurudip Singh alias Dalip singh is a resident of Sevla, Agra and he is the owner of truck no. CPH7011. On this truck, Rajendra Singh (P. W. I) was working as a cleaner and accused-appellant Bhagwansingh was the driver. Rajendra singh (P. W. 1) is an approver. On 12-3 1978, the deceased Gurudipsingh, along with Bhagwan Singh and Rajendra Singh (P. W. 1) started from Agra towards Multai and reached Multai. On 15-3-1978, the truck was loaded with oranges and deceased Gurudip Singh cleaner Rajendra Singh and the accused appellant started towards Delhi as the oranges were to reach Delhi. On 16-3-1978 all the three persons along with the truck, reached Biora and stopped there as there was some engine trouble in the truck. After repairing the engine trouble, they started from Biora on 16-3-1978 in the evening. The truck was driven by the accused appellant Bhagwan Singh. On 17-3-1978, at about 4. 00, the truck reached Mohna. At that time, deceased Gurudip singh was sleeping on the front seat and Rajendra Singh (P. W. 1) was sitting by his side. Accused Bhagwan Singh took the truck towards Pohri road and stopped it at some distance. After that, appellant Bhagwan Singh took out a country made pistol (Tamancha Katta) and fired at Gurudip singh who was sleeping. It is the story of the prosecution that there were two fires and because of these two fires, the deceased died on the spot. Afterwards, the accused appellant Bhagwan Singh and Rajendra Singh (P. W. 1) took out the dead-body of Gurudip Singh from the truck and the accused Bhagwan Singh took Rs. 2,800 which were with the deceased Gurudip singh and also a golden ring which the deceased was having on his finger. After taking the dead-body of Gurudip Singh, they put it in a pit near the road and it was covered with tarpaulin and it was sprinkled with diesel and the dead-body and the tarpaulin were set on fire. The accused-appellant threatened Rajendra Singh (P. W. 1) that he should not tell the story to anyone, otherwise, he will also be done to death.


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