BALDEV SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 12-11-1994 passed by the 2nd Additional Sessions Judge, Ambikapur, in Sessions Trial No. 190/93, whereby and whereunder learned Additional Sessions Judge while acquitting co-accused Madan Gopal, after holding the appellants guilty for commission of culpable homicide amounting to murder of Rameshwar Soni in sharing common intention by using firearm without license, convicted appellant Baldev under Sections 302 of the IPC, 25 & 27 of the Arms Act and sentenced him to undergo imprisonment for life and to undergo RI for three years, respectively. The trial Court has also convicted co-accused Gopal, who has been released after serving sentence, under Section 324 of the IPC and sentenced him to undergo RI for three years.

(2.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellants, and thereby committed illegality.

(3.) As per case of the prosecution, on the fategul day of 29-4-1993 at about 7 p.m. Jatta (P.W. 1) went to the house of co-appellant Gopal and demanded liquor from Gopal which Gopal denied on, which Jatta threatened Gopal that he will lodged report where-upon Gopal went inside his house and came with axe and assaulted Jatta by axe over back of his head. Jatta snatched axe from Gopal and called his brother Rameshwar (since deceased), at that time appellant Baldev came by cycle along with one Madan, Baldev was having country made pistol and he shot fire by country made pistol upon Rameshwar as of result Rameshwar fell down and died as a result of pistol shot injury. Gopal assaulted Bhula (P.W. 3) and caused injury. Jatta (P.W. 1) went to the police station and lodged FIR vide Ex. P-1. Merg intimation was recorded vide Ex. P-22. The investigating officer left for the scene of occurrence and after summoning the witnesses vide Ex. P-2 prepared inquest over the dead body of deceased Rameshwar vide Ex. P-3. Blood stained and plain soil were recovered from the spot vide Ex. P-4. One blood stained wooden piece was seized from Bhula vide Ex. P-5. Blood stained axe was seized from Jatta (P.W. 1) vide Ex. P-6. Blood stained cloth of Jatta was seized from Jatta vide Ex. P-7. One cycle lying in (he field of Maniram was seized vide Ex. P-8. Blood stained baniyan was seized from accused Gopal vide Ex. P-9. Blood stained shirt was seized from appellant Baldev vide Ex. P-10. Acquitted co-accused Madan made discloser statement of stick vide Ex. P-11 and same was recovered at his instance vide Ex. P-12. Sealed clothes of the deceased, metal piece, plastic and synthetic material found in the body of the deceased were seized vide Ex. P-13. Dead body of the deceased was sent for autopsy to Assistant Surgeon, Community Helath Centre, Rajpur. Dr. P.L. Verma (P.W. 8) conducted autopsy vide Ex, P-14 and found following injuries:--