SANJAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the present appeal, the prosecution case has its genesis in an incident alleged to have occurred on 12/5/1999 at about 9:30 p.m. in village Sarsi, within the jurisdiction of Police Station Industrial Area, Jaora, District Ratlam. On the same night, at about 10:45 p.m., a First Information Report bearing No.93 of 1999 came to be lodged by Balwant Singh s/o Rai Singh, who is stated to be the brother of the injured Deshpal Singh. In the said report, allegations were made against several persons, including the present Appellant, to the effect that they had assaulted the injured by use of firearms and other weapons. On the basis of the said report, offences under Ss. 307, 147, 148 and 149 of the Indian Penal Code, 1860 [ For short, "IPC".], along with relevant provisions of the Arms Act, 1959 came to be registered.

(2.) It is the case of the prosecution that immediately after the occurrence, the injured Deshpal Singh was taken for medical treatment. On the same night, i.e., 12/5/1999, at about 10:45 p.m., a statement of the injured, treated as a dying declaration, was recorded by the attending medical officer. The condition of the injured, however, deteriorated and despite medical intervention, he succumbed to his injuries in the early hours of 13/5/1999 at about 5:40 a.m. Upon receipt of information regarding his death, the offence came to be altered from Sec. 307 IPC to Sec. 302 IPC.

(3.) The investigation was thereafter carried out in the usual course. Statements of witnesses were recorded, alleged weapons were seized, and documentary material, including medical papers and post-mortem report was collected. Upon completion of the investigation, a chargesheet came to be filed against the accused persons, including the present Appellant, for offences punishable under Sec. 302 IPC and allied provisions. The case was committed to the Court of Session and registered as Sessions Case No. 130 of 1999 before the Second Additional Sessions Judge, Ratlam.