KALLU Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 4/9/2012 passed by First Additional Sessions Judge, Bhind in S.T. No.181/2009, by which the appellant Kallu @ Brajesh Sharma has been convicted under Sec. 302/149 of IPC and has been sentenced to undergo Life Imprisonment and a fine of Rs.5000.00 and under Sec. 148 of IPC and has been sentenced to undergo 2 years Rigorous Imprisonment. Both the sentences shall run concurrently.

(2.) It is not out of place to mention here that 7 co-accused persons, namely Monu Sharma, Sonu Sharma, Kamlesh, Pejram, Mahesh @ Pappu, Rajesh and Bablesh were arrested and they were tried. All of them were convicted under Sec. 302/149 (On two Counts), 307/149, 323/149 (On three Counts) and 148 of IPC. Cr.A. No. 938/2010, 940/2010 and 1031/2010 were filed by Monu Sharma, Sonu Sharma, Kamlesh, Prejram, Mahesh @ Pappu, and Rajesh whereas Cr.A. No.951/2010 was filed by Bablesh. Bablesh has died during the pendency of his appeal and accordingly, his appeal was dismissed as abated. Although Cr.A. Nos. 938/2010, 940/2010 and 1031/2010 have also been heard simultaneously, but since, the appellant was tried separately hence, the evidence in the case of the present Appellant cannot be read in favor or against co-accused Monu Sharma, Sonu Sharma, Kamlesh, Pejram, Mahesh @ Pappu and Rajesh, and vice versa, therefore, this appeal is being decided by a separate judgment.

(3.) According to the prosecution case, the complainant Kaptan Singh, lodged a Dehati Nalishi on 27/4/2008, at about 15:00, on the allegations that at about 10:00 A.M., his uncle Darru Singh was beaten by Ramautar, Neeraj, Santosh, Guddu, Pejram, Rajesh, Sonu, Monu, Kamlesh and Mahesh, all residents of Gauram and Kallu Brahmin, Balu Brahmin and Moni, all residents of Bilav, on the question of fetching water from the hand-pump, and his utensils were thrown. They had also extended a threat to leave the village. Thereafter, his uncle came to his house and informed the entire incident and thereafter, he was lying under a Neem Tree. On that issue, at about 1:30 A.M., Ramautar with .12 bore double barrel gun, Neeraj with .315 bore Adhiya, Santosh with Mouser gun, Guddu with .315 bore Adhiya, Pejram with .12 bore double barrel gun, Rajesh with .315 bore gun, Sonu with .12 bore single barrel gun, Monu with Mouse, Kamlesh with .12 bore single barrel gun, Mahesh with Mouser, Kallu with licensed Mouser, Ballu with .12 bore gun, Moni with .315 bore pistol came near to the house with an intention to attack. They started abusing. Thereafter, the complainant, Rai Singh, Ravindra, Dilip, Prem Singh, Shyamveer requested them with folded hands not to behave in such a manner, but they did not stop. Rajesh and Kallu fired gun shots. Gun shot fired by Kallu hit Rai Singh on his ribs whereas gun shot fired by Rajesh hit in abdominal region of Ravindra as a result, both of them fell down and blood started oozing out. Thereafter, all the accused persons started firing indiscriminately causing injuries on shoulder of Prem Singh, thumb of Dilip Singh, and on the back side of the shoulder of Shyamveer Singh. Rai Singh and Ravindra have expired.