KISHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellants accused have filed this appeal under Section 374 (2) Cr.P.C., being aggrieved by the judgment dated 21.8.2000 passed by the IVth Additional Sessions Judge, Gwalior in S.T. No. 41/85, whereby the appellant nos. 2 and 4 namely Sobran Singh and Surendra Singh were convicted under Section 148 and 302 of IPC while appellant nos. 1 and 3 Kishan Singh and Sugreev Singh have been convicted under Section 148 and 149, r/w Section 302 of IPC. Pursuant to it, each of them have been sentenced for one year RI with fine of Rs.1000/-, in default of depositing the fine amount for further three months imprisonment in the first count while for life imprisonment, with fine of Rs.5000/-. In default of depositing the fine amount for further one year RI in the last count.

(2.) The facts giving rise to this appeal in short are that on 14.7.1984, at about 6.10 in the evening, the complainant Mahendra Sharma, (PW-1) lodged an FIR, (Ex. P-1) at P.S. Dabra contending that he accompanied with Balkishan Brahmin (P.W.4) was sitting on his Flour Mill situated in his village on the way of Tekanpur. At the same time towards from the village, the appellant no. 3, Sugreev Singh lashed with Pachfera (fire arm), and appellant no. 1, Kishan Singh lashed with farsa, (sharp edged weapon) came there and stood by the side of the road. In further averments, it is stated that at that time, his brother Ajay Sharma went to J.P. General Store.

(3.) On the aforesaid information, a crime No. 211/84 was registered against the appellants at P.S. Dabra, (Ex. P-1) for the offence of Section 302/148/149 of IPC. According to such FIR, offence was committed on the aforesaid date at about 5.30 in the evening.