- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of the Division Bench of the Madhya Pradesh High Court, Jabalpur Bench, which affirmed the conviction of the appellant for the offences punishable under Sections 302 of the Indian Penal Code, 1860 (in short the "IPC" ). He was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- with default stipulation. Accused Bal Kishan was convicted for offence punishable under Section 302 read with Section 34 IPC. The convictions were recorded by learned Additional Sessions Judge, Gohad, Bhind, M.P. in Sessions Case No. 11/95. The conviction as recorded by the Trial Court was assailed by two separate appeals. As accused-appellant Bal Kishan died during the pendency of the appeal, the same stood abated.
(3.) Prosecution version in a nutshell is as follows: On 2.11.1994 at about 9.30 p.m. Ram Babu (PW-1), Jagdish (PW- 12), Sanjeev Kumar (PW-14) and Ramesh (hereinafter referred as "deceased" were playing cards near the house of Kishanlal under an electric pole. The appellant Pappu @ Hari Om alongwith co-accused Bal Kishan came there and asked the persons who were playing cards to permit them to play with them. Ramesh objected to it and this gave rise to quarrel between Ramesh and the accused Pappu @ Hari Ram & Bal Kishan. Both Balkishan and Pappu @ Hari Om went away after abusing Ramesh. After sometime, they returned back from the lane of Rahim Khan Ki Gali. Papu @ Hari Om had a 12 bore gun in his hand. Both accused abused Ramesh and Pappu @ Hari Ram fired gun shots, which caused injuries on the right shoulder of Ramesh and he fell down. Bablu (PW-2) and other persons took him to the hospital on a handcart, where Ramesh was declared dead. The report of this incident was lodged by Rambabu (PW-1), which is marked as Ex.P-1. On the basis of this report, Crime No. 261/94 was registered against the accused.;