STATE OF M P Vs. REMESH

JUDGEMENT

(1.) State of Madhyapradesh calls in question legality of the judgment rendered by the Division Bench of the madhya Pradesh High Court. The respondent faced trial for alleged commission of offences punishable under Sections 302 and 338 of the indian Penal Code, 1860 (in short the 'ipc). Originally his father Ram Kirpal, brother rakesh and mother Nonibai also faced trial with him. They were acquitted by the trial Court, while respondent was convicted for causing the homicidal death of one Rajendra (hereinafter referred to as the 'deceased') by gun shot on 20. 5.1986. He was sentenced to life imprisonment for the offence relatable to Section 302 ipc. He was also convicted in terms of Section 338 IPC for causing grievous injury to krishna (PW-6) who was injured by the same bullet which after passing through the body of deceased Rajendra struck Krishan and caused grievous injury to him. For this offence he was sentenced to undergo RI for one year and fine of Rs. 1000/- with default stipulation.

(2.) Prosecution version in nutshell is as follows: on 20. 5.1986 deceased Rajendra and kuldeep (PW 1) were returning after their examination. They were passing in front of the house of Ram Kripal (acquitted accused) who was a municipal councillor those days. Ram kirpal knowing that these boys were friendly with Dinesh (PW-2) , who was a press reporter of that area, advised them to abjure company of Dinesh. Finding them non-responsive Ram kirpal, his two sons Ramesh and Rakesh and his wife Nonibai started pelting stones on deceased Rajendra and Kuldeep (PW 1). Thereafter, Ram Kirpal asked his son Ramesh to get his gun from the house. Ram Kirpal asked ramesh to shoot these boys, Ramesh then brought out a 12 bore gun and fired a shot at deceased Rajendra from a distance of about 5 paces. At that time Dinesh (PW 2) reached there while the shot was fired. This shot struck rajendra in the left iliac crest passing through the stomach region and damaged various internal organs. It emerged from the right side of the body and struck Krishna (PW 6) who also happened to reach by that time. The bullet struck him in the left arm and passed through fleshy portion and then struck the back region and got embeded on the spinal cord, ultimately resulting in paralysis. Rajendra died at the spot.

(3.) The prosecution case based on the testimony of Kuldeep (PW-1) , Krishna (PW-6) , dinesh (PW-2) , Sureshwar Pandey, ASI (PW-8) , who also happened to be present there and had witnessed the incident. Further reliance was placed on the medical report of autopsy surgeon and medical opinion regarding injuries of krishna. Medical report showed that deceased rajendra had been struck with the gun shot which entered into left iliac crest and emerged in the right side and injured some vital organs such as Kidney, Spleen and Liver. The FIR was lodged by Kuldeep (PW-1) on the same day within 10 minutes after this incident.