JAI KARAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 31.3.2010, passed by the First Additional Sessions Judge, Chhindwara in ST. No.99/2009 whereby the appellant was convicted for offence punishable under Section 307of I.P.C and sentenced for 7 years rigorous imprisonment with fine of Rs.500/-. In default of payment of fine, he was to undergo, additional rigorous imprisonment for six months.

(2.) The prosecution's story in short is that on 11.1.2009 at about 2.00 p.m in the noon, the appellant and other co-accused persons started quarreling with the complainant Chote Bhaiya Singh alias Member Singh at village Sarai, Police Station Chandala, District Chhatarpur. The appellant Jai Karan Singh had a 12 bore gun with him. The other accused persons told him to assault by firing from a gun and Jai Karan Singh fired from his gun and caused fatal injuries on the abdomen of the complainant, Chote Bhaiya Singh. Thereafter, the appellant and other accused persons ran away and the complainant Chote Bhaiya Singh was taken to the Police Station Chandala where he lodged an FIR Ex.P/3. He had also mentioned that on the previous day the accused persons abused him with obscene words and incident took place due to old enmity. The complainant was sent to the hospital for his examination and treatment. Dr. Sagariya (P.W.9) had examined the victim Member Singh and gave a report Ex.P/15. He found a gun shot injury on the right side of the abdomen of the victim. From that wound the omentum and intestines were coming out. The victim was referred to the Surgical Specialist. Surgery was performed on his abdomen by Dr. B.R. Shrivastava and nine pallets were recovered from his wound. There was a hole in the duodenum and also two holes on small and large intestines. There was a laceration in the liver. Dr. Shrivastava repaired all the internal and external wounds. One 12 bore gun was seized from the appellant during the investigation. After due investigation a charge sheet was filed before JMFC, Laundi, who committed the case to the Sessions Court, Chhatarpur and ultimately it was transferred to the First Additional Sessions Judge, Chhatarpur.

(3.) The appellant abjured his guilt. He did not take any specific plea but, he has submitted that Member Singh was assaulted by some one else and the appellant was falsely implicated in the matter. However, no defence evidence was led from the side of the appellant.