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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.

(3) The case of the prosecution is that as per complainant-

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

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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

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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.