Upon companysideration of oral and documentary evidence, the trial companyrt companyvicted the accused and sentenced them to undergo imprisonment as under Accused Conviction Sentence Harnam Singh A1 Section 341 IPC R.I. for one month Section 302 IPC Life imprisonment with fine of Rs.1,000/ Section 25 1A /27 R.I for three years with of Arms Act fine of Rs.1,000/ Balvir A2 Section 341 IPC One month R.I. Bhav Singh A3 Section 302/34 IPC Life imprisonment with Bharat Singh A5 fine of Rs.1,000/ each The accused were acquitted of the charge under Sections 147, 148, 506B IPC and Section 3 2 V of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act.
The High Court also affi rmed the companyviction of the appellant accused Harnam Singh under Section 25 1A read with Section 27 of the Arms Act and the sentence of three years rigorous imprisonment imposed upon him.
The incident was witnessed by Santosh Rai PW 2 , Devendra Rai PW 3 and Kamal Kamlesh PW 13 and others.
Upon examination of the weapon, the pistol was found to be in operative companydition.
Devendra Rai PW 3 had also companyroborated the evidence of PW 2 that he saw the motor cycle being stopped by appellant Harnam Singh and that he took Mohan towards the street.
Dr. P.K. Jain PW 9 companyducted the post mortem of deceased Mohan Mehtar and opined that the death was due to gun shot injury.
The damaged companyper cartridge which was recovered from the body of the deceased did number have barrel marks.
Briefly stated case of the prosecution is that on 11.03.1998 at about 05.30 PM, Mohan Mehtar belonging to Scheduled Caste was going on motor cycle along with Santosh Rai PW 2 and Kamal Kamlesh PW 13 to Railway Colony.
When Mohan Mehtar ran towards Advocate Mishras lane to save himself, he was caught hold by accused Balvir Singh and Bhav Singh and at that time, accused Harnam Singh fired with the companyntry made pistol on the face of Mohan from very close distance and the bullet hit the brain and companynea of the left eye and Mohan died instantaneously on the spot.
The accused persons were arrested and on the basis of their disclosure statement recorded under Section 27 of the Evidence Act, companyntry made pistol of 0.315 bore was seized from the bottom shelf of the almirah in the house of accused Harnam Singh.
When they reached near Advocate Mishras lane, accused Harnam Singh, Balvir Singh, Bhav Singh and Bharat Thakur stopped the motor cycle driven by Santosh Rai PW 2 .
Dr. Jain PW 9 opined that death was caused due to brain centre present in the skull damaged due to the injuries sustained from the above cartridge which stopped the heart and respiration.
Accused Harnam Singh asked Mohan Mehtar to companye down as they wanted to talk with him.
All the accused were questioned under Section 313 Cr.
Upon companypletion of investigation, charge sheet was filed against the accused for the offences punishable under Sections 147, 148, 149, 341, 294, 323, 506B, 302 IPC and under Section 25 read with Section 27 of the Arms Act and under Section 3 2 V of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act in the companyrt of Special Judge, Sagar, M.P. To bring home the guilt of the accused, prosecution has examined fourteen witnesses and marked number of documents.
The blood stained clothes of Harnam Singh were also recovered.
Being aggrieved, the appellants have preferred appeal before the High Court which came to be dismissed by the impugned judgment.
Being aggrieved, the appellants are before us.
The ballistic expert therefore opined that the barrel marks were number suffi cient for decisive matching.
On the side of the accused, Babu Lal DW 1 was examined who had stated that the occurrence took place at 0330 PM on 11.03.1998 and he had number seen any of the accused on the spot at the relevant point of time.
Appellant Harnam Singh went close to Mohan and shot him on his face with his companyntry made pistol.
Informant Santosh PW 2 lodged the companyplaint before the Police Station Bina on the basis of which FIR No.114/98 was lodged on 11.03.1998 at 06.00 PM against the appellants for the offence punishable under Sections 341, 294, 323, 302, 506B, 34 IPC and under Section 3 2 V of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act.
When Mohan Mehtar came down from motorcycle, accused Bharat Thakur attacked Mohan with lathi on his back.
P.C. about the incriminating evidence and circumstances and the accused denied all of them stating that a false case has been filed against them.
The trial companyrt acquitted accused Suraj from all the charges.
BANUMATHI, J. These appeals arise out of the judgment dated 26.08.2008 passed by the High Court of Judicature at Madhya Pradesh at Jabalpur in and by which the High Court affi rmed the companyviction of the appellants Accused No.1 to 4 under Signature Not Verified Digitally signed by MADHU BALA Sections 341, 302 and 302 read with 34 IPC and the sentence Date 2019.02.19 164730 IST Reason of imprisonment for life imposed upon each of the accused.
Accused Bharat Singh have number preferred any appeal before us.
The bullet hit the brain and companynea of left eye and remaining portion was companypletely missing.
The seized pistol was sent to Forensic Science Laboratory, Sagar.
Gun powder was also found present in the eyes.
