PARMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) (for brevity 'Cr.P.C.') being aggrieved by the judgment dtd. 13/5/2014 passed by the Court of Additional Sessions Judge/Special Judge, Guna to the Court of First Additional Sessions Judge, Guna, District Guna (Madhya Pradesh) in Sessions Case No.183/2012, whereby the appellant has been convicted for the offences punishable under Ss. 302, 307 (3 counts) of Indian Penal Code (for brevity 'IPC') and under Sec. 25 (1) (A) and 27 of the Arms Act and sentenced him as under:- <FRM>JUDGEMENT_141_LAWS(MPH)4_2023_1.html</FRM>

(2.) The prosecution case in brief is as follows:-

(3.) Learned Trial Court considering the material prima facie available on record framed the charges under Ss. 148, 294, 307 r/w 149 (on three counts), and 302 r/w 149 of IPC against the appellant and coaccused Santosh. Alongwith aforesaid charges, the charges under Ss. 27 and 25 (1) (A) of the Arms Act were also framed against the appellant. Appellant and co-accused Santosh abjured their guilt and prayed for trial. They have taken defence that at the time of incident, complainant Gopal Krishna Sharma was not present on the spot and at the time of incident injured Ravi Raghuvanshi himself was carrying a pistol and opened fire, the bullets of which hit him as well as the deceased Anil Sharma. In support of their defence, they have examined appellant Parmal (DW-1), Devendra Singh (DW-2) and Shailendra Sharma (DW-3).