CF0000057854 1 r wmaw @1 mmaéa 1, V ‘ s‘‘ 4 v. i. I HE HIGH COU’RT OF, MADHYA PRADESH AT JABALPUR Criminal Appeal Nca " S g of 1995 wellanmv Manaj‘kumar, aged about 27 years. ‘ V Accused T (In Jail) /son <>f 8hr; Rangeet Singh Taroha. resident of Nagal Khed1,P S Panlpat SadaE‘ (Haryanay . r versus Resgornde‘xifj The State 0f MEP. 1.1,,2/ . ¢ V 9 ~’ r.’CRIMINAL APPEAL UNDER SECTION 374g2) O? THE CCDE OF CRIMINAL. PROCEDURE 1973' ‘ N T XI-HC-22 Division Bench: - Hon’bie Mr. LC. Bhadoo and Hon’ble Mr. Dhirendra Mishra, JJ. 17-1 -2i}06 > ' Mn. Gouri Shanker Singh, counsei for the appeilant. Mr. U.N.S. Deo, Additiona! Pu lic Prosewtor for the State/respondent. . Gral judgment dictated an Dai . Per L.c. Bhadoo, J: - , By this appeal, accused Marmj Kumar has questioned the egaljty of {he judgment of conviction and order of sentence dated 1-1 2-1 994 passed by the 4‘” Additionai Sessions Judge Durg, in Sessions Triai No.282I92’, whereby [teamed Additional Sessims Judge after hoiding the aceusedl appellant guilty for commission of nce under Section 302 of the i.P.C. ’ sentenced him to undergo imprisonm nt for life. The prosecution case, in bri f, necessary for the disposal of. this 990, the third reserve battalion of the 't SF) was posted at Utai, accused! appellant Mano] Kumar was employe as Sepoy and deceased Jarnail Singh . was working as lnspector. ln the ‘ orning of 10-9-1990, the battalion was busy‘in parade and during that par de apart frorn deceased Jarnail Singh, Assistant Sub inspector Laxman ngh (PW-1), Sub inspector Chering ’Ta‘ndupo (PW-3), Assistant Sub lnsp ctor Brahmadev Singh (PW-5), Deputy Commandant J.K. Oseph (Pwn1 O}, ngaram Assistant Sub inspector (PW- 11). Sub inspector Chanohal Singh ' PW—12) and Assistant Commandant S. appeal is that on 10‘" September, Centre! Industrial Security Force Kumbarwal (PW-20) were on duty. 7 il Sharma (PW-1 ?). Sub Inspector was r . . [113% W v l l e i a n XI—H- C22 WmiiMW _ %Wan%¥1 accused Manoj Kumar was for protectien 5) was atso on protection duty during the pasted as Duty Officer. The duty of1 of :he parade. OnerDalcha‘nd (PW- parade A rifle bearing butt No 39 along with 20 cartridges were issued f0 accused Mano; Kumar from the amlory of the battahon on that day, at about 6 1O a m After completron of the rarade persons were 90mg for breakfast at that time. aceused Manor Kuma the rii!e which was issued-to him, h result of which Jarnaii Singh, died e the rifie' fled away on a motorcycle Some officers and constables chaSi catch him. BS. Thakur (PW-22) tor a.m. on which the Dehati Nalishi thereafter, the F.l.R. (EXP-18) was Qector~9 Hospital from where the information Exs P-20 and P—21 were sent Post-modem of the body of Jarna Singh was conducted by Dr D c Jain (PW- 4) who prepared the report E P‘6 rn which he opined that the cause of death rs shock and haemorrhage d e to injuries m heart, lungs and bones by butlet. After giving notices (EXP-8 to the witnesses Panchnama of the body Ex.P.9 was prepared by the lnve.tigating Officer.‘ Site plan EXP-12 was prepared by Patwari Suraj Ram Szrhu (PW-16). During police custody, the accueed gave memorandum EXP-14 regarding ten cartridges. From the place of occurrence; the investigating Omcer took into possession piain soil and biood stained soil under EXP-ii, and four empty cartridges under EXP-4, which were tired by the accused. r shot dead Inspector Jarnarl Singh with e tired four rounds on the deceased as a nd thereafter, the accused after throwing /, by snatching the same from some one. ed the accused, but they were not able to tged the report at Police Station: Utai at 9 (Ex.P-16) was reduced into writing and registered. Jarnail Singh was sent to the - Under Ex.P-5 the rifie was taken into poseessionfrom the place of occt rrence and the rifie in question was sent for examination to the Forensie Science Laboratory, Sager, under EXP-22. Matte? Recovered articles were sent to the Forensic Science Laboratory under Ex. ‘P—23. Report of the Banistic expert P—24 was received. After nompletion of investigaton, charge sheet was med in the Couri of Judrmai Magistrate First Class rg, who in tum committed the case to the Sessrons Judge Durg, from 'here iearned 4th Additional Sessrons Judge received the case an transfer or trial The prosecution in order to establish charge against the accused examined 22 witnesses. 8teteme t of the accused was recorded under Section 3137 of the Cr.P.C. in whi h he denied the prosecution evidence appearing against him and stated t at he/is innocent and has been faiseiy; tionai Sessions Judge after hearing the arguments of Additionai Public Pr secutor and counsei for the accused, convicted and sentenced the acc sed as mentioned in para 1 of this judgment. / ' We have’heard Mr Gouri anker singh teamed counsel for the accusedlappellant and Mr U N S D o learned Addutional Public Prosecutor on behalf of the Statelrespondent The homicidal death of lnspe or Jarnaii Singh is not in dispute. Apart from that Dr D C Jain (PW-4) wh conducted post-modem on the body of Jarnail Singh has stated that the d ath of Jarnail Singh was as a result of buliet injdries of the rifle and his re rt is Ex P-6 He noticed as many as four builet iniuries on the body of the sed. Dr. Shyam Duna (PW 14‘ has also statedin his evidence that he i suedthe death certihcate EXP—11 and found that there were bullet injuries n chest, right shouider & right forearm, there were seven wounds on the chest, and the right hand bone was [View impiicated in the crime. Learned Ad E . u i h d a XI-HC-22 mmmm " - (P: fractured. Apart from ‘the mediua! evidence, and the evidence of the eyewitnesses namely, Laxman Si (PW-1), Chering Tandupo (PW-3), J.K. Oseph (PW-10), & S. Kumbarwai -20) who have stated in their evidence that they witnessed the crime and the accused/appeiiant'shot dead Jarnaii Singh with the rifle, it is establis ed that the‘ death of Jarnail Singh was homicidal in nature. As far a3 the invoi'vement the accusedlappeliant inthe crime in question. LaXman Singh (PW-1), sistant Sub Inspector has stated in his V evidence that on 10-9-1990 he w s participating. in the parade, during the parade, the accused was on rifle d ty, the parade was over at'7.40 am. and Jarnaii Singh Was also on duty d ring the parade. When the parade was over, some persons wete going 'fcr breakfast and some persons boarded the . bug accused Manoj Kumar shot d ad ,Jarnail Singh with the rifle. The-butlet , hit on the !eft hand of the deceas d as a resutt 0f which deceased Jarnail 3ingh fell down, thereafter, the ac sed again fired three shots on the chest of Jarnail Singh and he .died. lns ector'Umarval & Assistant Commandant Joseph were also present at the sc e of occurrence, / The above evidence of this tness (PWA) has been corroborated by Chering Tandupo (PW—3) ,who has lso stated that on 10—9—1990'at 7.40 a.m. he was on the parade ground, Ku barvar, J.K. Oseph, Chanchal Singh Sub lnsfoector & Gangaram Assistant Sub inspector were also present there, After the parade was over, the a used shot gunfire on Jarnail Singhl The accused’shot seeond fire from the ritie. thereafter, he again fired one round on Jarnail Singh and blood was ozing out of the injuries. Jarnaii Singh started running, the accused oha d Jarnail Singh and’again fired one shot n ‘h ( W s i ‘qi (ZW‘ mmmm f §-» V WWI‘IWW §IWW ’ a on him, Jamail Sing'h fen down.’ Ac cused Manoj Kumar after snatching a ‘ motorcycae fled away fofm the scene dioccurrence. stated in his evidence that he saw the ie whereas he was on duty, wearing uniform and heesaw that blood w oozing out of the shoulder of Jamail Singh and he died on the spot J K Oseph (PW-10) has eta d m hue ewdence that he was also on dllty on 10-9-1 SQO the parade was ver at aboLt T 45 a m and he sew the ac.used on duty at the parade grou d With a nfte wearing uniform. At that ‘ time. he heard a sound, when he tu ed towards the sound he saw that the accused was standing pointing the uh towards Jarnail Singh and Jamai! Smgh was standing at 1042 yards oh tance Jarnari $mgh was asking Mano} Kumar after indicating, ‘do not do thmg Mano; Kumar was on guard ' uty, herefere he was havrng buiie wrth hrm When Jarnali Smgh was trying to run away, Mano; Kumar cha d him and fred three buitets at Jarnari Singh Jamar! Singh feil down S Kumbaiwai (PW-20) Ass siant Commandant has stated in his eVidence that on 10-9-1990 accus d Mano; Kumar was constable In hts battalion and inspector Jamar! Sing (deceased) was atso in his Company ‘ On 1O 9-1 990 at about 7 45 a m in pector Jamal! Singh was on duty at the parade ground and three persons ere on security duty With nfie and 2O was also on the arm security duty With a rie and 20 roun. Thereafter. h saw‘that the accused fired gunshot on Brahmadev S'ingh (PW-5) h accused fieeing away,on' a motor a . ‘ ew a c y fl ds i N Cs? A 9K1 435 W _. .................... ......... . m W400~ W “7