We have heard Mr. R.K. Rathore, learned companynsel appearing for the appellant State of Madhya Pradesh and Mr. Lakhan Singh Chauhan, learned companynsel appearing for the respondent and perused the impugned judgment and the evidence and materials on record.
In appeal, the High Court has held that the respondent accused has caused a single gun shot injury to the deceased that too on being instigated by Ajab Singh who had already been acquitted by the Trial Court and, therefore, it cannot be held that the respondent had intentionally caused the gun shot injury on the deceased Bhagwan Singh.
The Trial Court relying upon the evidence of Kaptan Singh PW 1 , Harnam Singh PW 4 , Sarnam Singh PW 2 and Narayan Singh PW 3 held that the respondent accused brought gun from his house and fired at the deceased Bhagwan Singh which hit the neck of the deceased.
Complainant Harnam Singh PW 4 lodged the companyplaint against the accused based on which FIR was registered under Section 302 read with Section 34 I.P.C. against the accused.
When deceased Bhagwan Singh objected to it, companyaccused Ajab Singh instigated the respondent Mohar Singh to bring his gun.
BANUMATHI, J. This appeal has been preferred by the State of Madhya Pradesh against the Judgment dated 09.04.2007 passed by the High Court of Madhya Pradesh, Bench at Gwalior, in Criminal Appeal NO.179 of 1995 in and by which the High Court has modified the companyviction of the respondent under Section 302 P.C. to Section 304 Part I of I.P.C. and sentenced him to the period already undergone by him and also imposing fine of Rs.15,000/ .
On the way, he saw that the respondent accused Mohar Singh and companyaccused Ajab Singh were hurling abuses to his brother deceased Bhagwan Singh.
Signature Not Verified 3 Digitally signed by MAHABIR SINGH The case of the prosecution is that as per companyplainant Date 2019.08.08 173302 IST Reason Harnam Singh PW 4 , on 09.03.1993 at around 01.30 p.m., he was going towards Chopal.
Respondent accused brought a gun from his house and fired a shot at the deceased causing injuries on the neck of the deceased who died on the spot.
