G.B. Pattanaik, J. - (1.) THE Appellant who had been acquitted of the charges leveled against him having been convicted under Section 302 I.P.C. by the High Court of Madhya Pradesh in an appeal against the order of acquittal filed by the State has preferred this appeal.
(2.) APPELLANT along with four others stood their trial before the Court of Additional Session Judge, Gwalior. The Appellant was charged under Sections 302, 120B and 332, I.P.C. for having caused the murder of Head Constable Rajendra Singh whereas other four persons stood charged under Sections 120B, 332, 201 and 225, I.P.C. for having agreed to commit the offence with the Appellant - Betal Singh. The learned Trial Judge acquitted all the accused persons. In the appeal filed by the State against the said order of acquittal the High Court maintained the order of acquittal passed against other four persons but altered the order of acquittal so far as the Appellant is concerned and convicted the Appellant under Section 302, I.P.C. and sentenced him to the imprisonment of life. The prosecution case in nutshell is that one Sukhawasi had lodged a report in police Station, Dahat against co -accused namely Kishore Singh, Vir Singh and Kundan Singh which was recorded by the deceased Rajendra Singh, Head Constable of the Police Station. On the basis of the F.I.R. a criminal case had been registered under Section 451 of the Indian Penal Code. After completion of investigation necessary challan was to be filed in the Court of Judicial Magistrate, 1st Class, Gwalior. Constable Prem Singh was on his way to Gwalior on 22 -9 -1978. When the said Constable reached the Bus Stand near Police Station, Dahat, the deceased Head Constable also reached the Bus Stand for checking the Country Liquor Shop. At the point of time Appellant - - Betal Singh reached the spot with a gun flung on his shoulder and made some discussion with the deceased Head Constable. It appears the the Appellant was requesting the Head Constable to persuade Constable Prem Singh to give another suitable date for the accused persons so that their agricultural operation wilt not suffer and finally Constable Prem Singh was persuaded to postpone the date of filing of challan. Said Appellant Betal Singh then took some liquor and started abusing the deceased Head Constable as to why he had registered criminal case against his father and brothers on the purported reports of some chamars. Suddenly the Appellant fired the gun and the bullet hit the left side of the chest of the deceased. The Appellant thereafter rushed and boarded the standing bus and threatened the driver of the bus. The Constable Prem Singh wanted to snatch away the gun from the Appellant but he was threatened. Then there was scuffle between the Appellant and Prem Singh and in the meanwhile other accused persons came and surrounded. Constable Prem Singh. The accused persons after snatching the gun from Constable Prem Singh fled away to the nearby jungle. Prem Singh, PW 1 then lodged a report at the Police Station Beaht and in the standing bus deceased Head Constable Rajendra Singh was sent to the hospital but he succumbed to his injuries. A criminal case on the basis of F.I.R. was registered and after investigation charge sheet was filed against the accused persons as already stated. The accused persons were then committed to the Court of Session and were finally tried by the Additional Sessions Judge. The defence plea of accused 2 to 5 was one of denial but Appellant took the plea that the gun which he was holding had been loaded and had been flung on his shoulder when Constable Prem Singh, PW. I tried to snatch it from him and there was scuffle and during the said scuffle accidentally the trigger was on and bullet hit deceased Head Constable Rajendra Singh who was sitting at the Cot in Kalari Shop on his chest and ultimately he died.
(3.) THE prosecution examined several witnesses to establish the charge against the accused person of whom PWs 1, 2, 4, 5 and 10 are the eye -witnesses to the occurrence. PW. 9 is the Head Constable at the Police Station who had recorded the First Information Report PW -13 and had seized the rifle and empty cartridges which were produce by the Appellant Betal Singh while in custody. PW -14 and also investigated into the offence and made some seizure of incrimination articles. PW. 8 is the doctor who had conducted autopsy of the dead body of deceased Rajendra Singh. The other witness are formal witnesses. Though PWs. 1, 2, 5 and 10 were examined by the prosecution as the occurrence witnesses but except PW. 1 the rest did not support the prosecution during trial and were accordingly cross -examined in accordance with Section 154 of the Evidence Act. The learned Trial Judge on discussion of the entire materials on record and more particularly the evidence of Constable Prem Singh, PW. 1 as well as on account of certain other suspicious circumstances in the matter of investigation came to the conclusion that the prosecution has failed to establish the charges against the accused persons beyond reasonable doubt and under the circumstances the defence story put forth by the Appellant Betal Singh appears to be correct and true and thus acquitted the accused persons. In the appeal against the said order the High Court examined the reasons given by the Trial Court and came to the conclusion that the said reasons are wholly unsustainable, in law. The High Court then re -appreciated the evidence of PW. 1 and came to the conclusion that his evidence with regard to substratum of the prosecution case gets corroboration from the medical evidence and there is not an iota of material in support of the plea of Appellant Betal Singh that it was a case of accidental firing while Betal Singh and PW. 1 were having a scuffle among themselves. The High Court ultimately came to the conclusion that the prosecution case so far as Appellant Betal Singh is concerned has been proved beyond reasonable doubt and accordingly he was convicted under Section 302 I.P.C. So far as other accused persons are concerned the High Court, however, agreed with the learned Trial Judge, maintained their order of acquittal.;