RAJKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is against the judgment and order dtd. 3/11/2010 delivered by Third Additional Sessions Judge (Fast Track Court), Narsinghpur in Sessions Trial No. 80/2009, whereby, the appellant has been convicted and sentenced as under:

(2.) The prosecution case, in brief, is that on 2/12/2008 at about 7:30 am, Dashrath @ Dasru was going to his fields. When he reached near a betel (Pan) shop situated on the back side of the house of Pannalal, appellant Rajkumar, Son of Jagdish having country made pistol (katta) alongwith co-accused Rajkumar, Son of Narayan and Suresh, Son of Santosh having sticks in their hands confronted him. Appellant abused him stating that he used to lodge false reports against many people, so, to end this problem he will kill him and fired a gun shot, which hit his chest. He (Dashrath) fell down on the ground. Then Suresh and Rajkumar S/o Narayan beat him with sticks on his head. His brother Tarapath and Devendra and Inder rushed to the spot. Seeing them, all the accused persons fled away. Tarapath and Inder took Dasrath to the police station, Gotegaon, where he lodged FIR No. 427/2008 (Ex.P/34). The police sent him for medical examination with requisition Ex.P/25, but he died on the way.

(3.) Doctor Ashwani K Sharma PW-17 intimated his death to the police vide Ex.P/27. The police registered Merg No. 75/2008 (Ex.P/23), called the witnesses vide notice Ex.P/5, prepared memo of corpse Ex.P/6 and requested the Doctor for post-mortem (Ex.P/26).