LAWS(MPH)-2012-9-139

DIVYA SHANKAR SHUKLA Vs. STATE OF MADHYA PRADESH

Decided On September 27, 2012
DIVYA SHANKAR SHUKLA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 27.11.1996 passed by the learned VIth Additional Sessions Judge, Rewa in ST. No.08/1993 whereby the appellant was convicted for offence punishable under Section 308 of I.P.C and sentenced for 3 years rigorous imprisonment with fine of Rs.200/-. In default of payment of fine, an additional rigorous imprisonment for two months.

(2.) THE prosecution's case, in short, is that on 30.7.1992 at about 8.00 a.m in the morning Chandrashekher Prasad (PW9) was present in his house situated at Village Gonda Teonthar (Police THEre was a function of katha in Station Suhagi, District Rewa). his house and therefore, after taking prasad he was sitting on the platform outside his house. THEreafter, the appellant Divya Shankar @ Bhulai and other accused persons Ginnari @ Shivsewak and so many accused came to the spot. THE appellant Divya Shankar had a katta, Ginnari had a licensed 12 bore gun and others had a gandasa, sang and sticks. Ginnari fired from his gun and some pallets struck on the face of Munindra Prasad (PW10). THE appellant fired from the gun and some pallets struck the victim Sarla Devi (PW14) and Shivkali (PW6). THE other accused persons had assaulted Munindra Prasad and other victims by gandasa and sticks. Chandrashekhar Prasad had lodged an FIR Ex.P/19 at Outpost Teonthar. Injured persons were sent for their medico legal examination and treatment to the concerned Government Hospital. Dr. Anand Mahendra (PW15) examined Shivkali (PW6), Munindra (PW10) and Sarla Devi (PW14) and gave his reports Ex.P/25, P/26 and P/27 respectively. He found that Shivkali (PW6) sustained penetrating wounds of pallets at three places on her right hand. Similarly Sarla Devi (PW14) sustained a single punctured wound on right side of her head. Presence of a pallet was felt by Dr. Anand Mahendra below the skin of Sarla Devi (PW14) whereas, he found two lacerations to the victim Munindra Prasad (PW10) on his nose but, so many punctured wounds were found on his face. After a radiological examination of Munindra Prasad Dr. N. S. Parte (PW17) found several radio opaque shadow on his face and so many pallets were found below the skin on his face. After due investigation, charge sheet was filed before the JMFC, Teonthar who, committed the case to the Sessions Judge Rewa and ultimately it was transferred to the learned VIth Additional Sessions Judge, Rewa.

(3.) ON the other hand the learned Panel Lawyer has submitted that it is proved beyond doubt that the appellant was the person who, fired from the pistol of 12 bore and therefore, a cartridge of 12 bore could be fired from that gun and the victim could be injured by the pallets. The conviction and sentence directed by the trial Court appears to be correct.