PAWAN SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant/accused has filed this appeal against the judgment dated 26.12.2006, passed by I Additional Sessions Judge, Chhatarpur (M.P.) in Sessions Trial No. 133/2003, convicting him under Section 302 of the Indian Penal Code and Sentencing him to imprisonment for life with fine of Rs. 1,000/-. In default of payment of fine, further rigorous imprisonment for six months. In short, the prosecution case is that Ram Prasad, the deceased, had taken a field of accused Pawan Shukla on Batai. This field was situated in village Bhuiya Purwa in district Chhatarpur. At the time of occurrence, gram crop in the filed was being reaped. On 23.3.2003, Ram Prasad, Bachcha, Usha, Sumitra, Ganga Sagar, Ram Kishore and Pancha were busy in reaping the crop. The field of accused was also adjoining. Accused and his father Lallu Shukla were present on their field. At about 2.00 pm, when a cow of accused started grazing in the field of Ram Prasad, his daughter Sumitra drove her out towards the field of accused. Accused reached there with his rifle and remonstrated with Sumitra and manhandled her by catching her hair. On hearing cries of Sumitra, Ram Prasad and other persons reached there and tried to save her. It is alleged that accused assaulted them with butt of his gun. When Ram Prasad grappled with accused, accused fired his rifle at him, which hit him in his abdomen. As a result of gun shot injury, Ram Prasad fell down and died. Accused ran away. Ganga Sagar (PW-4), the son of deceased, and other persons carried the body of Ram Prasad to Police Station, Prakash Bamhori and lodged first information report (Ex. P/1) on the same day at 4.50 pm.

(2.) Investigating Officer Arvind Singh (PW-16) reached at the spot, conducted inquest proceedings and prepared inquest memo (Ex.P/12) in presence of Lalu Kushwaha (PW-10) and Tulli (PW-15). He seized the blood stained earth and broken butt of gun from the spot and prepared seizure memo (Ex. P/2). He also drew the spot map (Ex. P/11). Dead body of deceased Ram Prasad was sent to Primary Health Centre, Laundi for postmortem examination.

(3.) On 24.3.2003, Dr. S.S. Chaurasiya (PW-8) conducted postmortem examination of the body of Ram Prasad and found a gun shot injury in his abdomen. In his opinion, deceased died due to excessive haemorrhage from the said injury. Dr. Chaurasiya gave his postmortem examination report Ex. P/9.