SANJU Vs. STATE OF M.P.

JUDGEMENT

(1.) Convict--Sanju @ Sanjay has preferred appeal No. 6303/2018 against his conviction under Section 304 part II of IPC and sentence HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE of five years rigorous imprisonment with fine of Rs.1,000/- in default of payment of fine; further to undergo one year R.I. while father of the victim/deceased Arjun has preferred appeal No. 6572/2019 for enhancement of this sentence awarded by judgment and order dated 14th August, 2018 delivered by Special Judge, SC/ ST Act , Rajgarh (Biaora) in Special Case No.96 of 2016. Therefore, both the appeals were heard analogously and are being decided by this common judgment.

(2.) Facts giving rise to the present appeals in brief are that since last about 4-5 months; complainant Bablu, who was a mason, was constructing house of Ramprasad Dangi, father of appellant Sanju @ Sajay, along with his cousins deceased Sonu S/o Arjun & Kailash and father Tularam. On 31.07.2016 at about 4:00 PM, when Bablu & Kailsh were plastering in the front room, the appellant brought his 315 bore gun (mouser). He placed a cartridge in its chamber and was showing it to the appellant. Suddenly he fired the gun. The bullet directly hit on the right eye of Sonu, who died on the spot. Bablu Jatav reported the matter to the police. SHO Mukesh Gaur reached on the spot and deduced Dehati Nalshi Ex.P/3, registered Dehati merg Ex.P/4, prepared panchnama lash Ex.P/2, sent the dead body for postmortem vide letter Ex.P/9, prepared spot map Ex.P/6, seized, blood smeared soil, plain soil, pieces of used cartridge and cemented portion of the wall, where the bullet hit etc. vide seizure memo Ex.P/5. Dr. R. K. Jain (PW-4), performed the postmortem and submitted report Ex.P/7. The I.O. also seized gun on the basis of disclosure statement of the accused/appellant and arrested him vide memorandum Ex.P/11, seizure memo Ex.P/12 and arrest memo Ex.P/10. All the seized articles were sent to the FSL vide letter Ex.P/13. Casts certificates Ex.P/16 and P/17 were also seized by the police vide seizure memo Ex.P/15. Gun was examined by the armorer, who found it in working condition and submitted report Ex.P/8. FSL submitted report Ex.P/20 and confirmed presence of human blood on all the articles sent for chemical analysis except on the plain soil. Crime was registered at Police Station - Dehat Biaora, District--Rajgarh by deducing FIR No.226/2016 (Ex.P/18). After investigation, the police filed the charge-sheet.

(3.) The accused was charged under Section 304 IPC and Sections 3(2)(v) of SC/ST, Act, 1989. After the trial, he was held guilty only under Section 304-II IPC and was awarded imprisonment as stated in para 2 above.