HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR DIVISION BENCH BEFORE: HON.SHRI JUSTICE SANJAY YADAV AND HON. SHRI JUSTICE ASHOK KUMAR JOSHI Criminal Appeal No.809/2000

1. Sarman Singh S/o Dayal Singh 2. Lakkha Singh S/o Dayal Singh …. Appellants Vs.

State of Madhya Pradesh, Through – Police Station Maharajpura, District Gwalior.

…. Respondent ------------------------------------------------------------------------------

Shri Ravindra Dixit, Advocate for the appellants.

Shri Vivek Jain, Public Prosecutor for the respondent/State.

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J U D G M E N T

(19/03/2018)

Per Ashok Kumar Joshi,J.:

This Criminal Appeal under Section 374 (2) of the CrPC has been preferred by the appellants being aggrieved by the judgment dated 14.10.2000 passed by Additional Sessions Judge & Special Judge (NDPS), Gwalior in Sessions Trial No.190/1997, whereby appellant No.1-Sarman Singh has been convicted and sentenced under Section 302 of the IPC for causing murder of Jagjeet Singh for life imprisonment and fine of Rs.2000/- with default stipulation, under Section 307 of the IPC in reference to injured Santosh Singh to undergo five years RI with a fine of Rs.1000/- with default stipulation; under Section 307/34 of the IPC in relation to injured Ajab Singh to undergo five years RI with a fine of Rs.1000/- with default stipulation; and, appellant No.2-Lakkha Singh has been convicted under Section 30 of the Arms Act and sentenced to undergone period (five days) with a fine of Rs.500/- with default stipulation. It was directed that all the jail sentence of the appellant No.1-Sarman Singh shall run concurrently.

2. It would be significant to mention here that co- accused of the main offence Major Singh S/o Sarman Singh was separately tried before the trial Court, hence Criminal Appeal No. 182/2010 against the judgment dated 16.2.2010 passed by IV Additional Sessions Judge, Gwalior is being decided by separate judgment.

3. Prosecution's case in short is that on 12^th May, 1997 at 17.00 hrs. Satnam Singh gave telephonic intimation at Police Station Maharajpura that his cousin brothers Santosh Singh, Jagjeet Singh and Ajab Singh, residents of village Chakbehta have received firearm injuries caused by Sarman and his son Major and Satnam Singh was giving telephonic intimation from Morar, Gwalior. On the same date of incident, entry (Ex.P/8) regarding receiving of the above mentioned telephonic intimation was recorded in Sahna No. 387 of Rojnamcha. Thereafter, SHO Bhanwar Singh Jadon (PW-9) after recording his departure in the Rojnamcha with police force by police vehicle reached to Police Help Centre, situated at Square No.7, Morar. On 12^th May, 1997 at 17=30 hrs. at the above mentioned Police Help Centre SHO Bhanwar Singh Jadon recorded Dehati Nalishi (Ex.P/7) on intimation given by injured Santosh Singh (PW-5) to the effect that in his village when boys of his family were grazing buffaloes, then Major S/o Sarman gave beating to his nephew Jarman Singh (PW-6). Thereafter Gurupreet came to his house and informed, then from house he with his Uncle Ajab Singh went to the spot and they instructed Major Singh and Jarman Singh (PW-6) not to quarrel. Thereafter, Major Singh went to his house.

4. When complainant Santosh (PW-5) and his uncle Ajab Singh (PW-4) were returning from Gyan Singh's agricultural land to their house, in the meanwhile complainant's another uncle Jagjeet Singh (since deceased) also came out in the field from his nearby situated house. By the time Jagjeet Singh could reach near complainant, Sarman and Major Singh came from their house each having a 12 bore gun separately and asked the complainant and his companion to stop. Thereafter, Sarman and Major Singh started firing shots from their separate guns. Pellets of shot fired by Sarman caused injury on neck of Santosh. The pellets spread over from the second shot caused by Sarman hit on the neck, chest and abdomen of Jagjeet Singh and Jagj