BIRJU Vs. STATE OF M.P.
LAWS(SC)-2014-2-27
SUPREME COURT OF INDIA
Decided on
February 14,2014
Birju
Appellant
VERSUS
STATE OF M.P.
Respondents
Referred Judgements :-
BACHAN SINGH STATE OF PUNJAB AND MAL SINGH SUNIL BATRA NATHU SINGH KARTAR SINGH AND UJAGAR SINGH SHER SINGH SUNIL BATRA MAL SINGH NIRPAL SINGH JAGMOHAN SINGH UJAGAR SINGH VS. UNION OF INDIA [REFERRED TO]MACHHI SINGH VS. STATE OF PUNJAB [REFERRED TO]
SWAMY SHRADDANANDA ALIAS MURALI MANOHAR MIS VS. STATE [REFERRED TO]
C MUNIAPPAN VS. STATE OF TAMIL NADU [REFERRED TO]
RAJENDRA PRALHADRAO WASNIK VS. STATE OF MAHARASHTRA [REFERRED TO]
SHANKAR KISANRAO KHADE VS. STATE OF MAHARASHTRA [REFERRED TO]
GURVAIL SINGH @ GALA VS. STATE OF PUNJAB [REFERRED TO]
Cited Judgements :-
STATE OF KERALA VS. JAYANANDAN [LAWS(KER)-2016-12-139] [REFERRED TO]MANMOHAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-7-145] [REFERRED TO]
RAMESHWAR AND OTHERS VS. STATE OF U P [LAWS(ALL)-2016-5-341] [REFERRED]
STATE VS. BHARAT SINGH [LAWS(DLH)-2014-10-426] [REFERRED]
PARVEZBHAI NAVINBHAI RANA VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-323] [REFERRED TO]
STATE VS. BHARAT SINGH [LAWS(DLH)-2014-4-294] [REFERRED TO]
MD. MANNAN ALIAS ABDUL MANNAN VS. STATE OF BIHAR [LAWS(SC)-2019-2-467] [REFERRED TO]
VIKAS CHAUDHARY VS. STATE OF DELHI [LAWS(SC)-2023-4-80] [REFERRED TO]
SABANNA VS. STATE [LAWS(KAR)-2017-5-56] [REFERRED TO]
MITHLESH KUMAR KUSHWAHA VS. STATE [LAWS(DLH)-2015-9-421] [REFERRED TO]
NAVAS @ MULANAVAS VS. STATE OF KERALA [LAWS(SC)-2024-3-51] [REFERRED TO]
DEEPAK @ NANHU KIRAR VS. STATE OF M.P. [LAWS(MPH)-2020-2-8] [REFERRED TO]
RAJ KUMAR VS. STATE OF NCT OF DELHI [LAWS(DLH)-2019-7-101] [REFERRED TO]
JITENDER @ KALLA VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2016-12-47] [REFERRED TO]
STATE OF MAHARASHTRA VS. BABASAHEB MARUTI KAMBLE [LAWS(BOM)-2014-7-280] [REFERRED TO]
STATE OF MAHARASHTRA VS. PRAKASH NISHAD @ KEWAT ZINAK NISHAD [LAWS(BOM)-2015-10-252] [REFERRED]
STATE VS. BHARAT SINGH [LAWS(DLH)-2014-10-93] [REFERRED TO]
BAHADURSINH @ DARBAR BHIKHUBHAI MAHIDA VS. STATE OF GUJARAT [LAWS(GJH)-2014-8-255] [REFERRED TO]
RAJU ALIAS RAJEEV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-7-344] [REFERRED TO]
C. MUNIAPPAN AND ORS. VS. STATE OF TAMIL NADU [LAWS(SC)-2016-3-87] [REFERRED TO]
RAJENDRA PRALHADRAO WASNIK VS. STATE OF MAHARASHTRA [LAWS(SC)-2018-12-60] [REFERRED TO]
JITENDRA @ KALLA VS. STATE OF GOVT. OF NCT OF DELHI [LAWS(SC)-2018-10-70] [REFERRED TO]
STATE OF RAJASTHAN VS. PRAHALD S/O KAMARU MEENA [LAWS(RAJ)-2016-9-1] [REFERRED TO]
HEMCHAND VS. THE STATE OF M.P. [LAWS(CHH)-2016-4-14] [REFERRED TO]
VIKAS YADAV AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(DLH)-2015-2-237] [REFERRED TO]
ANAND VS. STATE [LAWS(KAR)-2017-5-4] [REFERRED TO]
MOFIL KHAN VS. STATE OF JHARKHAND [LAWS(SC)-2014-10-63] [REFERRED TO]
MAJBOOT SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-9-31] [REFERRED TO]
JUDGEMENT
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(1.)We are, in this case, concerned with the killing of a child aged one year who was in the arms of PW1, the grand-father, for which the accused was awarded death sentence by the trial court, which was affirmed by the High Court and these appeals have been preferred by the accused against the judgment of conviction and sentence awarded to him for the offences under Section 302 of the Indian Penal Code, read with Section 27 of the Arms Act, 1959.
(2.)The prosecution case, in short, is as follows: PW1, the complainant was standing at the grocery shop of Kamal Bansal (PW2) on 13.12.2009 at about 8.15 PM for purchasing some goods. He was holding his grandson, Arman, aged one year in his arms. PW4, Jagdish, was also standing in front of the said shop. The accused-Birju, resident of the same locality, known as Rustam Ka Bagicha, came out there on a motorcycle. After parking the motorcycle, he went to Babulal and questioned him as to why he was standing there. Babulal replied that he had come to purchase some kirana. While so, the accused-appellant demanded Rs.100/- for consuming liquor. Babulal expressed his inability to give the money, on which, the accused abused him in the name of his mother and took out a country made pistol from his pocket and shot, which hit on the right temporal area of infant- Arman. Persons of the locality, which included Rakhi, daughter of the complainant, her aunt-in-law Sharda Bai and few other inhabitants of the area, reached the spot after hearing the sound. Son-in-law of the complainant, Jeevan, took Arman to the hospital and PW1 immediately reached the police station and lodged the first information report.
(3.)PW 12, the Station House Officer, reached the spot and prepared a spot map (Ext.P/2) and seized the blood stained shirt of complainant Babulal vide seizure memo (Ext.P/3). Empty cartridge, motorcycle and used bullet were seized from the spot vide seizure memo (Ext.P/6).
Inquest report (Ext.P/8) was prepared on the dead body, which was then sent for post-mortem examination. PW10 Dr. A.K. Langewar conducted the post-mortem examination.
(2.)The prosecution case, in short, is as follows: PW1, the complainant was standing at the grocery shop of Kamal Bansal (PW2) on 13.12.2009 at about 8.15 PM for purchasing some goods. He was holding his grandson, Arman, aged one year in his arms. PW4, Jagdish, was also standing in front of the said shop. The accused-Birju, resident of the same locality, known as Rustam Ka Bagicha, came out there on a motorcycle. After parking the motorcycle, he went to Babulal and questioned him as to why he was standing there. Babulal replied that he had come to purchase some kirana. While so, the accused-appellant demanded Rs.100/- for consuming liquor. Babulal expressed his inability to give the money, on which, the accused abused him in the name of his mother and took out a country made pistol from his pocket and shot, which hit on the right temporal area of infant- Arman. Persons of the locality, which included Rakhi, daughter of the complainant, her aunt-in-law Sharda Bai and few other inhabitants of the area, reached the spot after hearing the sound. Son-in-law of the complainant, Jeevan, took Arman to the hospital and PW1 immediately reached the police station and lodged the first information report.
(3.)PW 12, the Station House Officer, reached the spot and prepared a spot map (Ext.P/2) and seized the blood stained shirt of complainant Babulal vide seizure memo (Ext.P/3). Empty cartridge, motorcycle and used bullet were seized from the spot vide seizure memo (Ext.P/6).
Inquest report (Ext.P/8) was prepared on the dead body, which was then sent for post-mortem examination. PW10 Dr. A.K. Langewar conducted the post-mortem examination.
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