- (1.)Leave granted.
(2.)This appeal has been preferred against the Judgment dated 10th July, 2008 of the High Court of Madhya Pradesh, Jabalpur Bench at Gwalior in Criminal Appeal No.292 of 2005 altering the conviction of the respondent from Section 302 of the Indian Penal Code (IPC) to 304 Part-I of the IPC reducing the sentence from life imprisonment to rigorous imprisonment for seven years while upholding the sentence to pay a fine of Rs.10,000/-, in default to undergo two years further rigorous imprisonment.
(3.)The case of the prosecution is that on 2nd March, 1999 after celebration of Holi festival, sugar cakes (Batase) were being distributed in front of the house of the complainant by Ramlachhin Gurjar (PW 10). Complainant Remsewak (PW 4) and his brothers Ramnaresh (PW 6), Vinod (PW 7) and deceased Satish were standing near the temple. An altercation took place on account of Mukesh taking some sugar cakes without the permission of PW 10. The respondent slapped PW 4 and his brothers. This led to further altercation between the accused and the complainant party. The accused went inside his house, brought the licensed gun of his brother and fired a shot hitting the deceased on the stomach. Apart from the accused, acquitted co-accused Shrichand and Shyamsunder had Kattas and Mukesh and Badshah were having 12 bore single barrel guns. The acquitted co- accused also fired in the air. The deceased succumbed to his injuries.
Thereafter, Ramsewak lodged First Information Report. After investigation, the accused were sent up for trial. The prosecution case against the respondent was proved by three eye witnesses Ramsewak (PW 4), Ramnaresh (PW 6) and Vinod (PW 7) who were brothers of the deceased, apart from other corroborating evidence. The respondent was convicted under Section 302, IPC while others were acquitted.