RAMNARESH ALIAS PAPPU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 21-11-2006 passed by learned Sixth Additional Sessions Judge (Fast Track Court), Bhind in Sessions Trial No. 189/97 convicting the appellant under Sections 148 and 302/149 of the Indian Penal Code and thereby sentencing him to suffer RI for one year and Life Imprisonment respectively and tine of Rs. 200/-, in default, further RI for 15 days, this appeal has been preferred by the appellant under Section 374 (2) of the Criminal Procedure Code, 1973.

(2.) In brief the case of the prosecution is that at 10.30 p.m. of 14-1-1997, when complainant Ram Prakash and his elder brother Asharam alias Guddu (hereinafter referred to as "deceased") were offering Bhajans alongwith other inhabitants of the village in Ramjanki Mandir and the deceased was playing Dholak, at that juncture, in between Bhajan programme, absconding dacoit Ramesh Singh Kushwah came to the Temple and after hurling filthy abuses dragged the deceased. He was accompanied by 4-5 more persons and all these persons dragged the deceased upto nearby Nala. Thereafter, they heard sound of 3-4 gun shot fires. After departure of a gang of dacoits, the complainant came to the spot and found that the deceased had died on account of gun shot fires and empty cartridges of .12 bore gun were lying near the dead body. Incidentally, the Police party came in the village in some other matter, at that time, to the police party a Dehati Nalishi (Exh. P-11 I) was lodged by complainant Ram Prakash and on the basis of the said Dehati Nalishi, an FIR (Exh. P-14) was registered.

(3.) After the investigation was over, a charge-sheet was submitted in the Criminal Court, which on its turn, committed the same to the Court of Sessions and from where it was received by the Trial Court in its trial.