NARESH SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal had been directed against the judgment of conviction and order of sentence dtd. 04/12/2014 passed in Sessions Trial No.127/2010 by Additional Sessions Judge, Seondha, District Datia, whereby the appellant had been convicted under sec. 302 IPC and had been sentenced to undergo life imprisonment with a fine of Rs.1,000.00 and in the event of default in depositing the fine amount had to undergo a further period of 1 year.

(2.) The case of the prosecution in nutshell is that on 29/05/2010 complainant Ramsakhi lodged a report with Police Station Indergarh that in between 7:00- 8:00 a.m., when she was preparing food and her husband, deceased Sanman, along with one Naresh and Munna were sitting in front of the house, she heard a shout that someone had shot her husband Sanman. Hearing it she ran outside and found her husband being picked up and shifted to tractor trolly of Naresh. She also sat in the trolly, where she was told by her husband Sanman that he had been shot by Shishupal Yadav on his right thigh, but before they could reach the Police Station, Sanman became unconcious. On the behest of Ramsakhi, at Police Station Indergarh, F.I.R. was recorded at Crime No.81/2010.

(3.) During Investigation statements of complainant Ramsakhi were recorded under sec. 161 Cr.P.C. on 30/05/2010. In her statement she narrated the a different story that at 7:00- 8:00 a.m. on 29/05/2010 when she was preparing the food that she heard someone shouting that Sanman, her husband had been shot. She ran out and saw that in the backyard of Naresh Pandit, her husband was lying down with his leg injured and Naresh was standing with a gun in his hand. Blood was oozing out of the wound. She heard her brother-in-law Preetam, who was also present on the spot, accusing Naresh as he had not done the right thing and asking as to why did he shot Sanman? She heard Naresh replying that due to Sanman he had a fight with Shishupal and Pratipal and just to involve Shishupal and Praitpal in a crime he had shot Sanman, there is nothing to worry, Sanman will recover soon, he is with them. Naresh then brought his tractor trolly and with the help of his father Maitheli and one Munna shifted Sanman into the trolly and asked Ramsakhi to accompany them in the trolly. In the midst of the way Ramsakhi was told to report to the Police naming Shishupal as the assailant, else she would also be shot. Frightened she lodged the F.I.R. in the name of Shishupal.