SULABH JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal filed under Sec. 374 (2) of the Code of Criminal Procedure 1973, the appellant has called in question the legality, validity and propriety of the impugned judgment dtd. 6/1/2012, passed in S.T. No.383 of 2009, whereby he has been convicted for committing offence under Sec. 302 of IPC and Ss. 25 and 27 of the Arms Act and directed to undergo the sentence of Life Imprisonment for committing offence of murder and three years RI relating to offence under the provisions of Arms Act with fine and default stipulation. The sentences were directed to run concurrently.

(2.) As per prosecution story, the deceased, Princy Jain was residing in Room No.307 of Vindhshri Girls Hostel, M.P. Nagar, Zone-2, Bhopal. She was a student of First Year in B.E.T. College. Basically, Princy Jain was a resident of Ganjbasoda. On 2/3/2009, at around 6.30 pm, she left the said hostel alongwith her friend Shefali Goel. They were going to attend computer coaching class in Zone -2, M.P. Nagar, Bhopal. When they entered a lane near Computer Class, the appellant Sulabh Jain came there with a bag and told Princy that she may do whatever she wants to do and immediately fired on her back. With a gunshot sound, Princy fell down. The appellant fled away from the place of incident. Akhilesh Mishra (PW-6) and Shailendra Dwivedi (PW-7) reached the place of incident and took Princy to the City Hospital. After examining her, the Doctors declared her as dead. A Police report was lodged in the Police Station, M.P. Nagar, Bhopal. During the investigation, a spot map was prepared. The post-mortem report revealed that reason of death is hemorrhage because of gunshot injury. Thus, death of Princy was admittedly homicidal in nature. The appellant was arrested and during investigation, as per information furnished by him, a country made pistol was recovered by the Police.

(3.) The hand-bag of Princy Jain was recovered from the place of incident. Apart from other material, a letter was also found in the said bag, which was in-fact an application to the Police Authorities regarding the conduct of Sulabh Jain with a prayer to take appropriate action against the appellant. From the room of deceased in the hostel, her laptop and a diary was recovered. As per the prosecution case, the signature of Princy Jain in the said letter written to Police tallies with her signature contained in the diary.