TEHSILDAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Rakesh Saxena, Counsel for the applicant. Shri Padam Singh, Addl. Govt. Advocate for the respondent No. 1/State. Shri Praveen Mishra, Counsel for the respondents Nos. 2, 3 and 4. With the consent of the parties, the revision is finally heard.

(2.) This revision petition is against the order dated 27-11-2000, passed by Fourth Additional Sessions Judge, Morena in Sessions Trial No. 256/2000, whereby the applicant/accused has been charged for the offence under Section 302 of I.P.C. read with Sections 27 and 25(i)(b) of the Arms Act.

(3.) The facts leading to filing this case are as under : The incident had occurred on 18-4-2000 at 8/8.30 a.m. in the morning while complainant Subedar Singh s/o Albelsingh accompanied by his brother Tehsildarsingh and sister Usha was going to the field on the tracter and when he was at some distance of his house, what he saw is that accused Tikamsingh, Prahladsingh and Ramraj came from the front side, accused Ramraj was armed with gun. It is stated that accused Tikamsingh and Prahlad Singh filthyly abused him and also threatened to kill him. Thereafter, it is alleged that accused Ramraj, with intention to kill, fired from his gun at the complanant, Subedar Singh which hit on his abdomen, causing injuries and the blood came out. The incident was witnessed by his brother Tehsildar Singh and sister Usha. The accused-persons thereafter ran away from the spot. The report of the incident was lodged by the complainant himself along with his brother and sister at the police station, which was registered by Shri Vipin Pathak, Head Constable of Police Station, Porsa, who referred the injured to the Primary Health Centre, Porsa. It is stated that during treatement, complainant died and therefore, the offence which was initially registered under Section 307/34, I.P.C. was converted into Section 302 of I.P.C. The dying declaration of complainant was also recorded. The F.I.R. and dying declaration recorded indicated that it was Ramraj s/o Bhagwansingh, Tikamsingh s/o Bhagwansingh and Prahladsing s/o Bhagwan Singh, who caused the death of Subedarsingh, Accused Ramraj was said to have fired, which hit Subedarsingh resulting in death.