AJAY KHARE Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern disposal of both appeals, since these have been preferred against common judgment dated 15.3.2002 passed by III Additional Sessions Judge, Chhatarpur in S.T. No. 205/2000 convicting appellant No. 2 under Section 302 IPC and remaining appellants under Section 302/ 34 IPC for committing murder of Sanjay Bhatt (since deceased) sentencing rigorous imprisonment for life. Facts of the case, in short, are that on 31.5.2000, mother of appellant No. 2 Jagdamba Mishra (acquitted co-accused) alongwith labourers went at a piece of land to undertake some construction work which was objected by Shrikant Bhatt (since deceased), Shashank Bhatt (PW/4) and his father of the deceased Vasudeo Bhatt (PW/5). They asked her to stop the work. Parties on the spot agreed to show their respective title papers to each other in the evening. Thereafter, at about 3:30 p.m. while deceased was sitting with his uncle Ramesh, appellants reached there. Appellant Vijay fired a gunshot in stomach of deceased and all appellants fled away from the place. Shashank (PW/4) witnessed the incident from his roof and rushed to the spot. PW/4 took the deceased to hospital. Deceased narrated the incident to police at the hospital whereupon Dehati Nalisi Ex. P/11 was recorded. On the basis of it vide FIR Ex. P/12, a case under Section 307/ 34 against the appellants at Crime No. 163/2000 at Kotwali, Chhatarpur was registered. Injuries of the deceased were examined by Dr. R.S. Tripathi (PW/13) who prepared MLC report Ex. P/23. B.R. Pandey, Tehsildar (PW/14) reached the hospital and recorded dying declaration of the deceased of the deceased Ex. P/25. Later on, during treatment, deceased died in the hospital. Dr. Tripathi (PW/13) performed postmortem of the deceased and prepared postmortem report Ex. P/24 and found that cause of death to be shock due to excessive internal hemorrhage on account of gunshot injuries sustained in the abdomen.

(2.) During investigation, police prepared naksa mouka of the incident Ex. P/8. On 1.6.2000, mother of appellant No. 2 Jagdamba Mishra was arrested, on 10.6.2000 appellants Vijay and Narendra were arrested. On 4.7.2000 appellant Ajay was arrested, and at his instance firearm katta was recovered. Bullets were found in the stomach of the deceased and katta was recovered from the appellant and sent to FSL Sagar for examination.

(3.) After completing the investigation, Police Chhatarpur submitted a charge-sheet against appellants. Trial court framed charges under Section 302 IPC and Section 25/ 27 of the Arms Act against appellant Vijay and under Section 302/ 34 IPC against appellant No. 1 and 3. Appellants abjured guilt and pleaded innocence.