ARVIND ALIAS CHHOTA Vs. STATE OF M.P.

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 0.12.2005 passed by learned Fifth Additional Sessions Judge (Fast Track Court), Morena, in Sessions Trial No.287/98 convicting appellants under Section 02 of I.P.C. and thereby sentencing them to suffer life imprisonment and fine Rs.500/- each, in default, further S.I. of three months, the appellants have knocked the doors of this Court by preferring this appeal under Section 74(2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that on 12.9.1998 complainant Yogendra Singh @ Guddu lodged first information report that at 8 in the morning his brother Lokendra Singh @ Bablu (hereinafter referred to as the deceased) went to evacuate in the field of one Munni and he (complainant) went to evacuate in the field of Kalyan Singh which is 20-25 paces far away from the field of Munni. At that juncture, appellant No.1- Arvind @ Chhota having 12 bore double barrel gun and his brothers Ramshankar armed with Katta (country-made pistol) and Girjashankar carrying 12 bore single barrel gun arrived there and Appellant No.1-Arvind @ Chhota by hurling the abuse of mother, fired the gun on the deceased. On receiving the gunshot injury, the deceased fell down and screamed to help. At that juncture, it is said that appellant Nos. 2 and , namely Ramshankar and Girjashankar, also fired on the deceased and thereafter all the three appellants fled from the place of occurrence.

(3.) ON lodging of the First Information Report, criminal law was triggered and set in motion. The investigating agency sent the deceased, who was alive at that juncture, in the hospital; arrived at the spot and prepared the spot map; seized ordinary and blood stained earth from the place of occurrence; recorded the statements of the witnesses; after the death of the deceased prepared Panchayatnama of the dead-body and sent it for postmortem; also seized blood stained clothes of the deceased and sent it for chemical examination as well as seized the guns which were used in the commission of offence.