ZILEDAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The judgment passed in this Criminal Appeal shall also govern the disposal of connected Criminal Revision No.60/2000 filed by complainant Kumher Singh praying to set aside the acquittal of respondents Nos.l and 2, namely, Kriparam and Dashrath of connected Criminal Revision with a prayer that these two respondents along with respondent No.3 Zeledar Singh of connected Criminal Revision be convicted under Section 302 of IPC and they be sentenced with an adequate sentence.

(2.) Feeling aggrieved by the judgment of conviction and order of sentence dated 22.11.1999 passed by learned Fourth Additional Sessions Judge, Morcna in Sessions Trial No. 20/1985 convicting appellant under Section 304 Part-I of IPC tuid thereby sentencing him to suffer seven years rigorous imprisonment with fine of Rs.3,000, in default of thereof to suffer further rigorous imprisonment of one year, this appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure.

(3.) In brief the case of prosecution is that 13-14 days prior to 17.3.1984 the unmarried daughter of Babusingh conceived from Surendra who is the son of complainant Kumher Singh, as a result of whi h, the family members of the complainant party and that of accused persons were having enmity. Surendra on account of fear absconded from the village, but arrived at the village 15 days prior to the date of incident. The incident took place on the festival of Holi. On that date Phoolan Singh (hereinafter referred to as the deceased) in order to offer prayer and to offer vermilion powder on the idol of Hanumanji went to the temple where the accused persons were standing and were searching Surendra, but he was not found, as a result of which, all the accused persons encircled the deceased and scolded on him that if Surendra Singh is seen by them, he (Surendra) may face dire consequences. The persons who were present in the tempje intervened and in between the deceased got a chance to escape, as a result of which he ran away from that place. The deceased informed the complainant Kumher Singh about the incident which occurred at the temple, as a result of which, these two persons and some other family members and the inhabitants of the village tried to get the matter solved, but the respondents of connected Criminal Revision and appellant of this appeal Ziledar did not agree and started hurling abuses. Thereafter, at 1.00 p.m. when the deceased after evacuating was coming back from the field, appellant Ziledar with 12 bore gun, Kriparam and Dashrath respondents of connected Criminal Revision with farsa and barchhi Ramkumar and Babusingh having lathis came out from their house and encircled the deceased. When the complainant Kumher Singh and Gulab Singh tried to save deceased Phoolan Singh nearby the house of Nihal Singh appellant Ziledar fired the gun shot which struck his chest and thereafter caused a gun shot fire on the leg of the complainant. The deceased fell down and died on the spot. Respondent of connected Criminal Revision Dashrath dealt a blow of barchhi from Jathi side on his head. In between to rescue Gulab Singh, the members of complainant side namely Jagdish, Rajendra, Keshav, Shrikrishna. Ajabsingh, Shyamsingh and Surendra Singh arrived and on seeing the incident in order to save Gulab Singh complainant and deceased Phoolan Singh wielded lathi and farsa and also snatched the gun of the appellant Ziledar Singh. The matter was reported by complainant in police station Ambah at 4.30 p.m. on the date of incident.