STATE OF MADHYA PRADESH Vs. AKHILESH

JUDGEMENT

(1.) Note- Cr.A. No. 533/2009 (Dabbu alias Rajesh v. State of M.P.) dismissed as withdrawn on the prayer made by the counsel for the appellant pointing out the fact that in pursuance to the letter dated 20th August 2019 received from the office of Superintendent of Jail, Gwalior an application has been filed by the learned counsel appellant seeking withdrawal of the appeal.

(2.) The present appeal has been filed against the judgment of acquittal dated 6th July 2019 whereby the learned trial court in Sessions Trial No. 142 / 2007 has convicted the accused Dabbu alias Rajesh and Neeraj alias Bunty and rest of the persons have been acquitted of charges framed by the learned trial court. As per the prosecution story on 30th, December 2006 at about 9:25 p.m an information was received by police station telephonically by Banne Khan alleging therein that in village Mastura Premnarain s/o Dwarika has been murdered by gun shot injuries. On the basis of information B. S. Sikarwar SHO Police Station Belgarah along with force reached on the spot and Dehati Nalisi Ex. P-3 was got recorded by Radhelal s/o Prem Narain to the effect that his father and other people of village Mastura were having a dispute with respect to ploughing of fields and on the date of incident at about 5 p.m., the aforesaid persons came to his house armed with guns and lathis and have started abusing the complainant and his father at the time Premnarain was not at his home, therefore complainant's mother Meera and sister Aneeta has stated that he is not at home and has gone to fields to water the fields. The accused persons went to the fields and complainant followed them. Accused persons stopped his father on the way while he was returning from his fields and Akhilesh, Banti and Dabbu all three fired from their guns and bullet hit on the head of deceased Prem Narayan and he fell down on the spot. Thereafter they picked up the body of his father and has thrown the body in the wheat fields. The complainant shouted and screamed. Thereafter his Phoofa Harswaroop came there and on seeing Phoofa accused persons ran away. On the basis of dehatinalsi, an FIR Ex. P/6 was got registered at Crime No. 81/2006 (by Head Constable Hasan Khan PW/10) for the offence registered under sections 147, 148 and 149 of IPC. PW-14 R.S. Sikarwar has issued safina form Ex. P/1 and Ex. P/2 Lash Panchnama was got prepared.

(3.) Thereafter, completing the formalities like preparation of spot map, seizure memo etc, the body of the deceased was sent for postmortem and Dr. B.S.L. Yadav PW/ 11 has conducted the postmortem on 31 st, December 2006 and has mentioned the cause of death to be by gunshot injuries. The accused persons were arrested and after completion of investigation, the police authorities have filed the challan, on the basis of which charges were framed against accused persons who denied charges therefore they were put to trial. The prosecution examined as many as 15 prosecution witnesses and in defence 9 witnesses were examined.