The State Of Madhya Pradesh vs Mohar Singh

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No(s). 976 of 2011

THE STATE OF MADHYA PRADESH Appellant(s)

VERSUS

MOHAR SINGH Respondent(s)

J U D G M E N T

R. BANUMATHI, J.:

(1) 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 conviction of the respondent under Section 302

I.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/-.

(2) We have heard Mr. R.K. Rathore, learned counsel appearing

for the appellant-State of Madhya Pradesh and Mr. Lakhan Singh

Chauhan, learned counsel appearing for the respondent and

perused the impugned judgment and the evidence and materials on

record.

Signature Not Verified (3) Digitally signed by MAHABIR SINGH

The case of the prosecution is that as per complainant- Date: 2019.08.08 17:33:02 IST Reason:

Harnam Singh (PW-4), on 09.03.1993 at around 01.30 p.m., he was

going towards Chopal. On the way, he saw that the 2

respondent/accused Mohar Singh and co-accused Ajab Singh were

hurling abuses to his brother deceased-Bhagwan Singh. When

deceased-Bhagwan Singh objected to it, co-accused Ajab Singh

instigated the respondent Mohar Singh to bring his gun.

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. Complainant-Harnam Singh (PW-4)

lodged the complaint against the accused based on which FIR was

registered under Section 302 read with Section 34 I.P.C.

against the accused.

(4) 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. The Trial Court vide order dated

21.03.1995 convicted the respondent-accused under Section 302

I.P.C. and sentenced him to undergo life imprisonment. The

Trial Court, however, acquitted the other accused Ajab Singh

and Gulab Singh and acquitted them from all the charges.

(5) 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 High Court held that

the entire incident occurred when there was heated altercation

between both the parties and resultantly the respondent had 3

fired the gun-shot injury on the deceased and, therefore, in

the facts and circumstances of the case, the act of the

respondent would not attract Section 302 I.P.C.; but would fall

under Section 304 Part-I of the I.P.C. The High Court has also

pointed out that the occurrence was of the year 1993 and the

respondent has already undergone nearly seven years and six

months and if the remission is taken into account his sentence

would be more than nine years. It is stated at the Bar that

the fine amount of Rs.15,000/- imposed upon the respondent has

already been paid by him.

(6) In the above facts and circumstances of the case, the

impugned judgment of the High Court modifying the conviction of

the respondent from Section 302 I.P.C. to Section 304 Part-I of

I.P.C. cannot be said to be perverse and we do not find any

good ground to interfere with the impugned judgment.

(7) In the result, the appeal is dismissed.

..........................J. (R. BANUMATHI)

..........................J. (A.S. BOPANNA) NEW DELHI, AUGUST 7, 2019.