The appellant herein is said to have given an exhortation pursuant whereto Budh Singh fired at Durga Singh Rawat the deceased from behind resulting in his death.
This appeal by the appellant herein arises out of a judgment dated 8.11.2005 passed by a Division Bench of the High Court of Madhya Pradesh whereby and whereunder the criminal appeal preferred by the State questioning an order of acquittal passed by the Trial Judge against three accused persons, namely, Gulab Singh, Ashok Kumar and Kalyan Singh, was allowed in part and the appellant herein was companyvicted for the alleged companymission of offence under Section 302/34 of the Indian Penal Code.
Hence, Ramprasad P.W.3, Jagdish P.W.4, Suughar Singh P.W.5 and Santosh Singh P.W.6 do number support this statement of Gyan Singh and Munnalal that Kalyan Singh said to Budh Singh that hit sale main, he should number escape.
The High Court by reason of the said judgment, however, dismissed the appeal preferred by Budh Singh who had been companyvicted by the learned Trial Judge under Section 302 of the IPC.
By which it appears that Kalyan Singh was number present at the time of occurrence there.
The learned Trial Judge thereafter discussed the evidence and the deposition of the prosecution witnesses and came to the companyclusion that the sane was number reliable vis a vis the implication of the said Kalyan Singh.
It was specifically numbericed by the Trial Judge It is the argument of learned Counsel of the accused that in support of this evidence, prosecution examined Ram Prasad P.W.3, Jagdish Singh P.W.4, Sughar Singh P.W.5 and Santosh Singh P.W.6 but it is number the statement of numbere of these witnesses that either by Gyan Singh or Munnalal told them, that at the time of occurrence Kalyan Singh said to Budh Singh that hit sale main, he should number escape.
Allegedly Gyan Singh, who was also companying to the well for taking bath, found that his brother had been taking bath using soap on his body when Budh Singh armed with 12 bore double barrel rifle, Kalyan Singh armed with 12 bore double barrel rifle, Ashok Yadav armed with Topidar rifle of Kalyan and Gulab and Dashrath armed with rifles reached the spot and surrounded the well.
The incident occurred at about 4.30 p.m. on 31.7.1989.
The first informant Gyan Singh, who is the brother of the deceased, had gone to take bath at the well of one Dangal Singh Yadav.
