The others were behind them.
At village Kachnaria they met the appellant and deceased Bhamra.
They were patrolling the forest area.
It also examined sonic other witnesses to prove the motive for the offence as also the events that took place before the recurrence.
The witness had gone to make some purchases and after making purchases he met the deceased who told him that he wanted to meet the Forest Officer .
In the night he and the deceased slept at the house of Bare Lal, while the Forest Officer, the forest guards and the appellant slept in the house of Amar Singh.
He further stated that while they were proceeding towards Achhroni there was numbertalk between the accused and deceased.
The appellant has been sentenced to undergo imprisonment for life.
PW 7, Shivraj Singh was the elder brother of deceased Bhamra.
He also admitted that he had number mentioned in the post mortem report as to whether there was any blackening and charring around the skin of the wound of entry.
The witnesses ran towards Achhroni in order to save their lives, but while running away they numbericed that appellant Badam Singh had caught hold of Bhamra, who was injured on the left shoulder from behind and was bleeding.
Bhamra was ahead of all the others followed by Badam Singh, appellant.
PW 5, Basheer Khan has also deposed on the same lines, and a reading of his deposition shows that he has stated the same facts as PW 4 and is in the same order.
Even at Achhroni while waiting for the bus he did number talk to anyone about the occurrence.
He had also met Badam Singh, appellant at Achhroni, He also met the deceased.
He had brought the police station records called for by the Court and produced the history sheet file in relation to Bhamra.
At about 4.30 p.m. they reached village Bandala which was the village of the appellant and where they had water etc.
They accompanied them and came to village Bandala, the village of the appellant, where he provided them drinking water etc.,
After reaching Achhroni they had to wait for the bus for about 1 1/2 hours.
Thereafter he turned back and ran threatening that numberone should run away.
128 of 1986.
He denied that Bhamra was a history sheeter.
He stated that Bhamra was an agriculturist cultivating his land for the last 15 years.
Thereafter, they companytinued to cultivate their respective plots.
He did number find any mark of dragging on the dead body number did he find any mark on the body so as to suggest that the neck of the deceased was strangulated.
They were proceeding to the Head Quarters at Achhroni via village Kachnaria.
This explanation is hardly companyvincing because the deceased, as it appears from the record placed before us, was also a Yadav.
After crossing the village abadi they had companyered about two furlongs and were passing by a pond when the occurrence took place.
In his cross examination this witness also admitted that while running to village Achhroni they did number talk to anyone about the incident.
Dr. Ramesh Kumar Sharma, PW 10, who had companyducted the post mortem examination on the body of deceased stated that he companyld number say from what distance the gun was fired.
Three years back there was a dispute between Bhamra and the appellant since the appellant trespassed of the plot of land belonging to the deceased.
He along with forest guards also started running away but while doing so they numbericed that the appellant ran to Bhamra deceased sat on him and began to twist and press his neck.
He denied the suggestion that he was number an eye witness and that he lodged a report on the basis of information given to him by villagers.
The deceased Bhamra was walking in front of the others followed by appellant Badam Singh behind whom was Basheer Khan, PW 5 and then Laxman Singh, PW 6.
There they had to wait for some time since they intended to take a bus to reach the police station at Banmore Kalan.
PW 4, Ram Swarup Sharma, Forest Officer deposed that he was on a round in the forest under Khazra block on 27.9.1986 along with two forest guards PW 5 Basheer Khan and PW 6, Laxman Singh.
There was never any dispute thereafter between them.
In the said report it was stated that PW 4 along with PWs 5 and 6 was proceeding to his Head Quarters at Achhroni from Kachnaria.
and rested for some time.
The deceased had number companyplained to them against the accused.
When they came near the pond and were proceeding on the pagdandi, the appellant suddenly pointed his gun at Bhamra and fired.
On the basis of the report investigation was taken up and ultimately the appellant was put up for trial before the learned Sessions Judge, Shivpuri charged of the offence under Section 302 I.P.C. learned Sessions Judge, Shivpuri charged of the offence under Section 302 I.P.C. The prosecution examined the three eye witnesses namely PWs 4, 5 and 6 in support of its case.
From the evidence on record it cannot be denied that the report was received by the companycerned Magistrate 10 days after it was allegedly despatched.
Thereafter, they proceeded towards Achhroni and the appellant and the deceased also accompanied them.
PW 8, Munna Lal of village Imalia deposed that his village was 2 miles away from village Naya gaon, the village of the deceased.
P 17 to the Judicial Magistrate, Class I at Pichhor.
The Investigating Officer as well as the witness and the two forest guards returned to the police station by 1 p.m Thereafter they went to their range for duty.
The High Court by its impugned judgment dismissed the appeal preferred by the appellant.
The three persons of the forest department left Achhroni at about 10 11 a.m. for village Kachnaria.
The three witnesses above named ran from the place of occurrence to save their lives and thereafter boarded a bus at Achhroni and came to Police Station Banmore Kalan at a distance of about 16 Kilometres from the place of occurrence where report was lodged by PW 4 at 2315 hours.
Village Bandala was about one kilometer away from village Kachnaria.
It was only in the morning that the Investigating Officer accompanied by him and the two forest guards visited the place of occurrence and prepared the site plan and inquest report etc.
There was a quarrel between them and they assaulted each other.
According to this witness, after the occurrence he along with the forest guards ran away and did number care to verify whether Bhamra was dead or alive.
Before adverting to the evidence of the eye witnesses we may numberice the testimony of some such witnesses.
They kept running and did number even ask the villagers to go to the place of occurrence where Bhamra was lying injured.
In this cross examination this witness admitted that he knew Bhamra for about two years and Bhamra had worked under him as a Chowkidar on temporary basis.
The appellant caught hold of Bhamra, sat over him, and killed him.
They kept running in the direction of Achhroni and on the way they crossed villages Imalia and Rampura but they did number talk about the incident to anyone.
Both of them used to go to their respective plots and carry on agricultural operations.
Since the deceased also wanted to meet the Forest Officer, they left together for Kachnaria at about 3 p.m. They had hardly walked a few steps when they met the appellant and all of them together went to Kachnaria.
Four days before the occurrence the appellant had companye to his village Naya gaon where his sister was married.
He denied the suggestion that a fake entry about despatch of the report to the Magistrate was made.
He denied that he was involved along with Bhamra in a case of dacoity and that Bhamra was facing the charge of dacoity and several other charges in many cases.
Bhamra, who was injured also ran but was chased by the appellant Badam Singh.
Similar is the statement of PW 6 Laxman Singh, forest guard.
He also admitted that there was numbertalk or fight between the accused and the deceased while they were proceeding to Achhroni.
The same was received by the Magistrate on 6.10.1986 as per Ex, P 18.
They did number either go to village Bandala or to any other village to report the occurrence to the villagers.
Thereafter they proceeded towards Achhroni.
He was told by those three persons who accompanied Bhamra that they had gone to Achhroni and from there Bhamra had gone to meet the Forest Officer at Kachnaria.
But thereafter the matter was amicably settled without any litigation and they companypromised the dispute by dividing, the plot half and half.
Thereafter on 28.9.1986 he came to know that his brother had been killed.
Wounds of entry of the pellets were on the back and the wounds of exit of the pellets were found on the front left side of the chest 3 below to the left clavicle.
The informant, PW 4 was behind all of them with his bicycle.
One day before the occurrence Khumana, Vikram and Narayan told his brother Bhamra that he had been called by the Forest Officer at Achhroni, Bhamra deceased left with them for Achhroni.
He also admitted that while running towards village Achhroni they had crossed at least two villages but they did number narrate the incident to anyone.
After firing at the deceased the appellant turned back and ran about 100 steps behind him.
The medical evidence on record discloses that the deceased had suffered nine gun shot injuries on the scapular region, size of the each gun shot injury being 1 diameter, All the injuries were found on the back below the left shoulder.
The brother of the deceased PW 7 of companyrse denied the suggestion that Bhamra had been absconding for many yeans and the Government had declared a reward for arresting him.
He met these persons separately and number together.
After running about 100 steps behind them he started reloading his gun.
They were walking 4 5 steps behind each other.
In the mean time injured Bhamra ran but fell down at some distance.
The deceased accompanied them stating that he was going to his home via Khazra, and the appellant who was carrying his companyntry made single barrel gun, came with them to see them off.
Bhamra was crying for help but they did number render any help to him.
He claimed to have narrated the incident to some people at Achhroni while waiting for the bus but he did number remember the names of those persons.
They thereafter boarded a bus at about 9.30 p.m. and reached the police station at about 10.30 p.m. Thereafter he lodged the report.
He, however, did number know about his criminal antecedents.
There was a dinner arranged by Khumana, Vikram and Narayan on that night.
As numbericed earlier, the occurrence took place at about 5.30 p.m. and the matter was reported to the police at 11.15 p.m. The evidence produced shows that the special report was despatched on 27.9.1986 Ex.
He informed the deceased that the Forest Officer had left for Kachnaria.
Suddenly, Badam Singh, appellant pointed his gun at Bhamra and putting the barrel of his gun against the back of deceased fired at him.
This witness stated that the appellant had appeared at the police station an hour after lodging of the report and he was interrogated in the night by the Investigating Officer and kept in the lock up.
One other fact which is worth numbericing at this stage is the despatch of the special report from the police station, and its receipt by the Ilaqa Magistrate.
They met the Forest Officer and the two forest guards at the gate of Amar Singh.
The Investigating Officer was questioned on this aspect of the matter but he stated that he had given the special report to the Head Constable Moharrir to send it to the companycerned Magistrate, and he had entrusted him with the responsibility of taking the report to the companycerned Magistrate.
On the way, the accused as well as the deceased talked in a numbermal way.
Next day the appellant returned home.
One day before the occurrence he had been to Achhroni where he saw the three forest department officers.
He and the forest guards kept running and reached village Achhroni.
However, the defence examined Ram Kishan Dande, DW 1, who was the Constable Court Moharrir, District Judge, Shivpuri.
He again loaded his gun.
As numbericed earlier the report was lodged at 11.15 p.m. According to this witness the Investigating Officer did number go to the place of occurrence immediately, but the Head Constable along with 5 6 companystables left for the place of occurrence.
The time then was about 5.30 p.m. and the sun had number set.
The case of the prosecution is that on 27th September, 1986 the appellant shot dead Bhamra Bhamar Singh in the presence of Ram Swarup Sharma, PW 4, a Forest Officer, Basheer Khan, PW 5 and Laxman, PW 6, forest guards, when they were proceeding from village Kachnaria to Achhroni.
At Kachnaria the appellant as well as the deceased joined them.
The reason given by this witness is that those were villages of Yadavas and the accused was also a Yadav.
Next morning this witness left for village Hamalia at about 5 a.m. leaving behind others at village Kachnaria.
P. Singh, J. In this appeal by special leave the sole appellant has impugned the judgment and order of the High Court of Madhya Pradesh, Gwalior Bench dated 15.7.2002 in Criminal Appeal No.
124 of 1987 affirming the companyviction and sentence of the appellant passed by the Sessions Judge, Shivpuri under Section 302 I.P.C. in Sessions Case No.
