GIRRAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) AFORESAID three appeals have been preferred by the accused/appellants under Section 374 of the Code of Criminal Procedure 1973, having been aggrieved by a Judgment dated 29th March, 2004 in Special S.T. No. 124/02 by the Fifth Additional Sessions Judge/Special Judge (Dacoity), Gwalior, holding thereby all of the accused guilty for causing murder of Vishnu Mangal in furtherance of their common object, which is an offence punishable under Section 302/34 of I.P.C. and sentenced to suffer imprisonment for life with a fine of Rs. 5,000/ -each and on failure to deposit fine, rigorous imprisonment of 3 -3 years was awarded to them. For having possession of firearms and ammunitions without proper and valid license, the accused have further been held guilty for commission of offence punishable under Section 25 (1B)(a) and 27 of the Arms Act and sentenced to suffer two years' R.I. with a fine of Rs. 1,000/ -each and again two years' R.I. with a fine of Rs. 1,000/ -each and on failure to pay fines, additional rigorous imprisonment of 6 -6 months was imposed on both the counts.

(2.) THE brief facts, necessary for the disposal of these appeals, are that on 24th July 2002, at around 12, in the noon, Vishnu Mangal (Jeweller) started proceeding with his servant Chimmanlal (Munim) on a motorcycle from his house to his jewellery's shop, situated in Sarafa Market at Morar. When they reached near Agrawal Dharmshala Gangamai Santar, the traffic was blocked due to lying building material i.e. Concretes (Gitti) and parking of the tractor on the road. In such a situation, Vishnu Mangal had to alight from the motorcycle. He went on foot alone up to his Jeweller's shop. As soon as he reached in front of Mahesh General Stores, some unknown miscreants fired at him resulting he fell down and died on the spot. On information to his brother Sanjay Mangal, he reached on the spot and found profuse bleeding from the head of the injured. He with the help of neighbors and bystanders shifted the injured to a nearest K.D. Hospital Morar. The doctors of the Hospital seeing the condition of injured, immediately referred him to a J.A. Group of Hospitals. In J.A. Hospital, the concerning doctor, after examination of the injured declared him dead. Complainant Sanjay Mangal thereafter lodged the F.I.R. (Ex.P/35) and Marg Intimation Report vide (Ex.P/34) at the Police Station Morar. The police in its turn came and prepared the spot -map vide Ex.P/1 and seizure -memo (Ex.P/3) of the blood stained and simple soil, alongwith empty cartridges and one case of Spects belonging to deceased Vishnu Mangal. Also prepared the memo of dead body in the hospital. Counter of FIR was sent on next day to the concerning Magistrate, having the territorial Jurisdiction. Case -diary statements of eye -witnesses and other material witnesses were recorded. All the accused were arrested and on their informations, the weapons and the cartridges used in the incident, blood stained clothes belonging to accused and deceased apart from diary, mobile phone and cash etc. etc. were seized from the possession of the accused. The weapons and other articles were chemically examined by the Ballistic Experts of the Forensic Science Laboratory. After getting sanction to prosecute the accused under Section 39 of the Arms Act by the Additional District Magistrate, the charge -sheet was submitted to the criminal court. On committal, the trial Judge, after trial convicted and sentenced the accused, as mentioned above, hence, these appeals on their behalf.

(3.) ON the basis of the above submissions, it is prayed that by allowing the appeals, the accused/appellants be acquitted of the alleged offences. Learned counsel for appellants placed reliance on the following decisions: