MAHESH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal under Section 374(2) of Code of Criminal Procedure against the judgment of conviction and sentence dated 06/12/1999 passed by the First Additional Sessions Judge, Morena in Sessions Trial No.118/96, whereby the appellant has been convicted under Section 302 of IPC and sentenced to suffer life imprisonment with fine of Rs.1000/ with default stipulation, under Section 336 of IPC and sentenced to suffer three months rigorous imprisonment, under Section 25(1 B)(A) of Arms Act and sentence to suffer one year rigorous imprisonment with fine of Rs.500/ with default stipulation and the appellant has also been convicted under Section 27 of Arms Act and sentence to suffer three years rigorous imprisonment with fine of Rs.500/ with default stipulation.

(2.) The prosecution story in brief is that the deceased Amit Sharma along with his friend Raju Sharma had gone to the house of the appellant accused Mahesh Singh on 20 th November, 1995 for recovery of money, which he had lent out to the appellant accused. When they reached at the house of the appellant Mahesh, they met with her mother and asked her to call Mahesh, because he was required to pay the debt. In between the aforesaid dialogue, Mahesh went over the roof of the house and fired a gun shot, which hit at the chest of deceased Amit Sharma and he also fired another gun shot, which hit Raju Sharma and Shivpratap Singh Bhadoriya. The other persons also received gun shot injuries. The friends of the deceased told the story to the mother and father of the deceased and thereafter the body of the deceased was brought at the hospital. The report of the incident was lodged at Police Station Ex.P.2 by Raju Sharma (PW/5) at around 13:45 hours. The deceased was died at the hospital. The police conducted the investigation, prepared the spot map, seized a gun and thereafter the appellant accused Mahesh Singh was arrested. The police seized the gun vide seizure memo Ex.P/19. After investigation, the police filed a charge sheet. The trial Court framed the charges under Sections 302 and 307 of IPC and Sections 25(1 B) (A) & 27 of the Arms Act.

(3.) The appellant accused abjured his guilt and pleaded innocence. After trial, the trial Court held that the prosecution has proved the offence beyond reasonable doubt under Sections 302 & 307 of IPC and Sections 25(1 B) (A) & 27 of the Arms Act and awarded the sentence as stated hereinabove.