Decided on March 19,2018

Major Singh S/O Sarman Singh Appellant


Ashok Kumar Joshi, J. - (1.) This Criminal Appeal under Section 374 of the CrPC has been preferred by the appellant being aggrieved by the judgment dated 16.2.2010 passed by Fourth Additional Sessions Judge, Gwalior in Sessions Trial No.190/1997, whereby he has been convicted and sentenced under Section 302/34 of the IPC with life imprisonment and fine of Rs.500/- with default stipulation, under Section 307 of the IPC in reference to injured Ajab Singh to undergo five years RI with a fine of Rs.500/- with default stipulation; under Section 307/34 of the IPC in relation to injured Santosh Singh to undergo five years RI with a fine of Rs.500/- with default stipulation; and, under Sections 25 and 27 of the Arms Act to undergo three years RI with a fine of Rs.500/- with default stipulation (on two counts). It was also directed that all the jail sentences of the appellant Major Singh Singh shall run concurrently.
(2.) It would be significant to mention here that coaccused of the same trial Sarman Singh was convicted and sentenced under Sections 302, 307 and 307/34 of the IPC vide judgment dated 14.10.2002 passed by Additional Sessions Judge and Special Judge (NDPS), Gwalior in Sessions Trial No. 190/1997 and by the same above mentioned judgment co-accused Lakkha Singh was convicted and sentenced under Section 30 of the Arms Act and the evidence relating to Sarman Singh and Lakkha Singh was recorded separately.
(3.) Prosecution's case in short is that on 12th May, 1997 at 17.00 hrs. Satnam Singh gave telephonic intimation at Police Station Maharajpura that his cousin brothers Santosh Singh, Jagjeet Singh and Ajab Singh, residents of village Chakbehta have received firearm injuries caused by Sarman and his son Major and Satnam Singh was giving telephonic intimation from Morar, Gwalior. On the same date of incident, entry (Ex.P/2) regarding receiving of the above mentioned telephonic intimation was recorded in Sahna No. 387 of Rojnamcha. Thereafter, SHO Bhanwar Singh Jadon (PW-10) after recording his departure in the Rojnamcha with police force by police vehicle reached to Police Help Centre, situated at Square No.7, Morar. On 12th May, 1997 at 17=30 hrs. at the above mentioned Police Help Centre SHO Bhanwar Singh Jadon recorded Dehati Nalishi (Ex.P/8) on intimation given by injured Santosh Singh (PW-3) to the effect that in his village when boys of his family were grazing buffaloes, then appellant Major gave beating to his nephew Jarman Singh (PW-11). Thereafter Gurupreet came to his house and informed, then from house he with his Uncle Ajab Singh went to the spot and they instructed Major Singh and Jarman Singh (PW-11) not to quarrel. Thereafter, Major Singh went to his house.;

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