CHANDAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This judgment shall govern disposal of Cr.A.No. 29/2013 (Chandan Vs. State of M.P. ) and Cr.A.No. 647/2013 (State of M.P. Vs. Chandan & Ors.) as both these appeals arise out of the common judgment of conviction and order of sentence dated 30/11/2012 passed by Additional Sessions Judge, Pichchore,District Shivpuri in Sessions Trial No. 177/2005; whereby, accused Chandan has been convicted for commission of offence under Section 302 of IPC and sentenced to suffer Life Imprisonment with fine of Rs. 10,000/- and in default of payment of fine to further undergo one year RI; whereas, other accused persons viz. Roopsingh, Pramod and Bablu have been acquitted from all the charges.

(2.) Cr.A.No. 29/2013 has been filed by accused Chandan challenging the impugned judgment of conviction and order of sentence; whereas, Cr.A.No. 647/2013 has been preferred on behalf of State challenging the impugned judgment on the quantum of punishment awarded to the accused-Chandan and order of acquittal recorded in favour of accused-Roopsingh, Pramod and Bablu.

(3.) Prosecution case in short is that on 23/4/2009 at about 10.30 pm. Complainant Ratibai W/o Dayaram Lodhi, aged 50 years alongwith her daughters Sheela and Krishna informed the Police Station Pichchore that incident happened at 9.30 pm, wherein a marriage in her village Rampura was going on; where, she has gone with her son Lokesh and two daughters. A dispute of land existed between her and accused persons. In marriage ceremony, accused personscame where Chandan take out country made pistol (Katta) from his waist and fired at Lokesh, which hit the stomach of Lokesh. Second fire was made by Roopsingh which also hit the stomach of Lokesh. Pramod and Bablu also made fires from their Katta. She cried, then Kailash Lodhi, his son and her daughters came to the spot on which accused fled from the spot. They took Lokesh to Hospital where he died.