S. B. Sinha, J. - (1.) Appellant herein is before us questioning the correctness or otherwise of a judgment and order dated 18.01.2002 passed by a Division Bench of the Madhya Pradesh High Court, Indore Bench, Indore, in Criminal Appeal No. 1364 of 1998 whereby and whereunder he was held to be guilty of commission of an offence punishable under Section 302 of the Indian Penal Code (for short, I.P.C.) and sentenced to undergo imprisonment for life and a fine of Rs. 500/-, in default whereof he had been directed to suffer further rigorous imprisonment for six months.
(2.) Appellant along with four other persons, namely, Chamru, Dhansingh, Lalu and Jatnia were charged for commission of offences punishable under Sections 148, 302 read with Section 149 and Section 323 read with Section 149, I.P.C. The occurrence took place at about 6.00 p.m. on 27.11.1990 at village Theka Kund, Haveli Phalia.
(3.) Deceased-Indar Singh along with his brother Hari Singh (PW-2) and other persons were in their respective hutments. The accused persons came there and started shouting, on hearing of which Hari Singh (PW-2), deceased-Indar Singh and Ansingh, Chandar Singh, Sayaribai and Sakru came out of their houses. Appellant was carrying a bow and arrows and other accused persons were having stones in their hands. Appellant wanted to know from the deceased as to why a complaint had been made by him in regard to cutting of Mahua tree before the Ranger. They started abusing them. Appellant shot an arrow which pierced the left side of the chest of the deceased. PW-2 and other witnesses tried to intervene, whereupon other accused persons started pelting stones. Chamru allegedly threw a stone which hit the shoulder and right parietal region of Hari Singh (PW-2). On receipt of injuries, the deceased Indar Singh tried to run away from the scene of occurrence. He took out the arrow and threw away the same. He, however, after going a few steps fell down. He was brought to the hut and after some time he succumbed to his injuries. A First Information Report was lodged by PW-2 before the Police Station which was situated at a distance of 14 k.m. from the place of occurrence. Before the learned Trial Judge, seven witnesses were examined on behalf of the prosecution. The learned Trial Judge upon considering the materials brought on record found all the accused persons guilty of commission of murder of Indar Singh and causing voluntary hurt to PW-2, stating : "Thus after the discussion of entire evidence I have come to the conclusion that the prosecution has succeeded in proving that on 27.10.90 the accused persons formed unlawful assembly for the common object of causing murder of Indar Singh at Village Thekakund and in prosecution of the common object of that assembly, the accused persons armed with deadly weapons arrow and bow and stone, caused riots and being the member of unlawful assembly in prosecution of common object of that assembly, shot an arrow on Indar Singh with intention and knowingly caused death by committing murder of Indar Singh and being the member of that unlawful assembly in prosecution of common object of that assembly voluntarily caused hurt to Hari Singh by pelting stones. Consequently I find the accused persons guilty for the offences under sections 148, 302/149, 323/149, I.P.C. Judgment is adjourned for hearing on the point of sentence." In regard to the quantum of punishment, it was stated as under : "Accused persons heard on the point of sentence. It is argued on behalf of the accused persons that this is their first offence, hence they be dealt with liberally on the point of sentence. Looking to the nature of offences the accused persons are sentenced to undergo rigorous imprisonment for 2-2 years each for the offence u/S. 148, IPC. For the offence u/S. 302/149, I.P.C. to undergo life imprisonment each and fine of Rs. 500/- (Rs. Five hundred) and in default of payment of fine, they will suffer further simple imprisonment for six months and for the offence punishable under section 323/149 of I.P.C., they are sentenced to undergo R.I. for six months. All the sentences of the accused persons to run concurrently. Detention period of the accused persons be set off from the sentence." ;