DARA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (in short "the Cr.P.C.") against the judgment dtd. 11/1/2013 passed in Sessions Trial No.238/2008 by learned Additional Sessions Judge, Pipariya, District Hoshangabad, whereby the appellants were held guilty for commission of following offences and were sentenced as under:- <IMG>JUDGEMENT_167_LAWS(MPH)8_2023_1.jpg</IMG>

(2.) That, the case of the prosecution in brief is that one Sahab Van, a relative of the deceased, was incarcerated in the jail at Pipariya in a murder case. Bail was granted to him by the High Court. The two deceased, accompanied by Vinod (PW-2), Vinod (PW-4) and Pramod (PW-18), had gone to the Court at Pipariya on 20/6/2008 to furnish bail for Sahab Van. Bail was furnished and a release warrant obtained. At about 02:15 pm, the complainant party, accompanied by a Court Peon, with the release warrant started for the jail. Pratap Van and Sonu Van were seated on a motorcycle ridden by Vinod (PW-2) & Vinod (PW-4) was on a second motorcycle along with Pramod (PW-18). A Court Peon was on third motorcycle. When the complainant party reached near St. Joseph Convent School on the way to the jail, a Bolero Jeep dashed the motorcycle, on which the deceased & Vinod (PW-2) were seated, from behind. The motorcycle and its occupants fell on the ground & thereafter, appellants Dara Singh, Pancham, Rahul, Sunil, Rakesh get off the Bolero & at this time, appellant Jagdish also came on motorcycle and all of them fired at the deceased and Vinod (PW-2). As a result of this firing, Pratap Van and Sonu Van succumbed to their injuries on the spot. Vinod Singh Thakur (PW-2) sustained bullet injuries but survived the attack.

(3.) That, after the incident, Vinod (PW-2) was taken to CHC Pipariya for treatment & there, he lodged Dehati Nalishi (Ex.P-3) & Dehati marg intimation (Ex.P-2) & the same were scribed by investigating officer Mahendra Singh Meena. Dr. A.K.Agarwal conducted postmortem & prepared autopsy reports. Dr. A.K.Agarwal, Dr. Ravindra Gangrade & Dr. Rajesh Sharma treated injured Vinod (PW-2) & prepared medical reports. Investigating officer Mahendra Singh Meena conducted investigation & during investigation, he prepared Naksha Panchaynama, recorded statements of witnesses, effected various recoveries, including recoveries from appellants in pursuance of their memorandums, sent recovered items for FSL/Ballistic examination & obtained FSL/Ballistic reports etc. After completion of investigation, charge sheet was filed in the court of JMFC Pipariya against appellants, including co-accused acquitted by the trial court & the case was received by sessions court after committal.