- (1.) The Appellant herein challenges his conviction for an offence under Section 302 for having committed murder of one Chhota S/o Gariba. Initially three accused persons were tried for the offence under Section 302 read with Section 34 IPC as also under Section 302 simpliciter. They were Munna @ Puran Chamar (Yadav) S/o Khusali Chamar (A-1), Barra @ Radhacharan S/o Kallu Chamar (A- 2) and Brijlal S/o Devicharan Chamar (A-3). In addition to the above charge under Section 302, Munna was also tried for an offence under Sections 25 and 27 of Indian Arms Act. 1st Additional Sessions Judge Chhattarpur, M.P. convicted the appellant under Section 302 Simpliciter and sentenced him to suffer rigorous imprisonment for life while acquitting him from the charges under Sections 25 and 27 of Arms Act whereas the other two co-accused were convicted for offence under Section 302 read with Section 34 IPC.
(2.) Two Criminal Appeals came to be filed before the High Court of Madhya Pradesh; one being by the appellant Munna (Accused No. 1) and Brijlal (Accused No.3) while another appeal came to be filed by Barra @ Radhacharan (Accused No. 2). The High Court allowed the appeal in the case of Accused No. 2 and Accused No. 3 and acquitted them of the charge under Section 302 read with Section 34 IPC. However, the appeal of the present appellant Munna (Accused No.1) was dismissed confirming his conviction for an offence under Section 302 IPC. It is this judgment which is in challenge before us.
(3.) The prosecution story is based on the First Information Report (Ex. P-11) lodged by Gariba (P.W.4), the father of the deceased Chhota on 01.02.1997 to the effect that in the morning, three accused persons came to his house when his son Chhota was sleeping. The appellant then entered the house and took away Chhota to a nearby place - Chamrola (the platform used by the villagers for chit- chatting etc.). It was further alleged that while the two acquitted accused caught hold of Chhota by his hands, the appellant Munna fired at Chhota due to which he fell down and died on the spot. On that basis the investigation started and after the completion of the investigation, all the accused were tried before the 1st Additional Sessions Judge, Chattarpur. On their conviction, all the accused filed appeals before the High Court which resulted in the conviction of the appellant being confirmed.;