AJJU AJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Since both the above appeals arise out of the common impugned judgment, this judgment shall govern the disposal of both the appeals.

(2.) Appellants have filed the above appeals against the judgment dated 31.10.2000 passed by Special Judge (Atrocities) Rewa in Sessions Trial No. 100/2000, convicting Appellant Ajju @ Ajay Kumar under Section 302 of the Indian Penal Code and Appellant Santosh @ Babloo @ Pandit under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs. 500/-

(3.) According to prosecution, on 7.3.2000 at about 2.00 P.M., Dilip Choudhary went out of his house to watch T.V. at the house of Brij Kishore. When he reached in front of the house of Mohd. Rahees, he met the accused persons. He asked accused Ajju to arrange for liquor, but Ajju told him that he had no money for purchasing the same. This led to a hot altercation between Dilip and Ajju. Both the accused persons intimidated Dilip and suddenly accused Ajju took out Katta from his waist and pointed at Dilip. When Dilip tried to grab Katta, Ajju fired it. The shot hit Dilip in his abdomen. Accused persons then ran away. The incident was witnessed by Asha Devi (PW9), the Aunt of Dilip and Mohd. Rahees. Dilip was taken to G.M. Hospital, Rewa. At about 3.00 P.M., Sub Inspector Parihar of City Kotwali, Rewa received information from the police out post of G.M. Hospital that Dilip Choudhary was got admitted in the hospital as he was injured by a fire arm. A.S.I.J.P. Tiwari along with other constables reached the hospital, where Asha Devi gave Dehati Nalishi report Ex. P/11 to him. On the above report, an offence under Section 307/34 of the Indian Penal Code was registered and first information report was recorded at City Kotwali, Rewa.