(28.07.2021)

Per : Sunita Yadav, J.

This appeal has been filed against the judgment dated

29.11.2008 in Sessions Trial No.2/2007, passed by Sixth Additional

Sessions Judge, Fast Track Court, Chhatarpur by which appellant

No.1 Indu @ Indrapal Singh has been convicted under Section 302

of IPC and sentenced to undergo life imprisonment and a fine of

Rs.5000/-,in default of payment of fine, additional rigorous

imprisonment for 2 years, under Section 307 of the Indian Penal

Code rigorous imprisonment for 7 years and a fine of Rs.2000/- in

2

Cr.A. No.146/2009

default of payment of fine additional rigorous imprisonment of

one year, under Section 25/27 of the Arms Act rigorous

imprisonment for 3 years and a fine of Rs.1000/-, failing which

simple imprisonment for six months and Appellant No.2

Devendra Singh @ Pappu Raja has been convicted under Section

302/34 and sentenced to undergo life imprisonment and a fine of

Rs.5000/-, in default of payment of fine, additional rigorous

imprisonment for 2 years, under Section 307/34 of the IPC

rigorous imprisonment for 7 years and a fine of Rs.2000/- in

default of payment of fine additional rigorous imprisonment of

one year.

2.

For the sake of convenience, the appellants shall be referred

as accused persons and the respondent as prosecution hereinafter.

3.

The case of prosecution, in brief, is that accused Indu @

Indrapal had enmity with deceased Khuman Patel because

Khuman had slapped Indu three years before. On 17.09.2006 at

about 7:00 p.m. in village Darguwa in the field of Bachchu

Patwari, accused Indu @ Indrapal and Devendra Singh @ Pappu

Raja arrived where Khuman Patel, Santosh Patel and Shankar

Patel were working. Accused Indrapal was carrying a gun and

Devendra Singh @ Pappu Raja had an axe in his hand. Accused

Indrapal uttered obscene words and ordered Khuman, Santosh

3

Cr.A. No.146/2009

and Shankar to stand in a line. Then he asked whom should he

shot at first. When Khuman asked the accused why were they

killing them, accused Devendra Singh said "kill them all". After

that Accused Indu @ Indrapal fired at Khuman Patel on his chest

who died on the spot. When Shankar tried to escape, accused

Indu @ Indrapal fired at him too. The bullet hit Shankar's left

hand. Devideen Patel and Santosh, who were present at the time

of incident in the same field, came running to their village and

told the entire incident to sarpanch Harsevak Patel, Nandu Patel

and Balkishan Patel.

4.

Injured Shankar was taken to the Police Station Satai where

he lodged a report. The report was registered under crime no.

zero. The FIR was registered by Police Station Pipat as the place

of incident falls within its jurisdiction.

5.

The concerned police station completed the investigation

and filed the charge sheet against the accused persons under

Sections 302/34,307/34 of the Indian Penal Code and Sections 25

and 27 of the Arms Act.

6.

The learned trial Court framed charges for the offence under

Sections 302, 307 of the IPC and Sections 25, 27 of the Arms Act

against the accused Indu @ Indrapal and also framed charges

under Sections 302/34, 307/34 of the IPC against accused

4

Cr.A. No.146/2009

Devendra Singh @ Ghappu Raja. The accused persons denied

their guilt and stated that they are innocent and pleaded for trial

raising defence of false implication.

7.

The Learned trial Court after trial of the case and on the

basis of the evidence and material came on record found the

accused persons guilty of the offences as mentioned above and

sentenced them as per the impugned judgment.

8.

As per the prosecution story, Shankar Patel (PW-12)

Santosh (PW-6) and Devideen (PW-14) are the eyewitnesses.

Santosh (PW-6) has corroborated the story of prosecution.

However, Shankar Patel (PW-12), who had lodged the First

Information Report, has turned hostile and only corroborated the

part of the prosecution story about his receiving gu