PYARELAL ALIAS PIRVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Pyarelal alias Pirva, son of Gorelal Kachchi, aged about 28 years, resident of village Naiguwan, Police Station, Maharajpur, District Chhatarpur, has challenged his conviction and sentence of (i).imprisonment for life under Sec. 302 of I.P.C.; (ii) rigorous imprisonment for one year under Sec. 25(1)(a) of the Arms Act; and (iii) rigorous imprisonment for two years under Sec. 27 of the Arms Act (sentences were directed to run concurrently), awarded by the Additional Sessions Judge, Chhatarpur, in Sessions Trial No. l16 of 1985, decided on 20-12-1985.

(2.) In short, the prosecution case is that, on 11-6-1985, at village Naiguwan, Ragghu son of Bhaiyalal Kachchi (deceased) was sleeping outside on a cot (Khatiya) near the door of Laxmana Kachchi (P.W. 2). Laxmana Kachchi (P.W. 2) was also sleeping nearby on his chabutra. At about 10-11 in the night, the sound of firing of the gun was heard and on hearing his sound the villagers awoke. Ragghu shouted that Pirva had shot him and had run away. Laxmana (P.W. 2) also shouted to Ramesh to run and that Pirva had shot Ragghu, and, on hearing this shouting Janki (P.W. 1 ) who was the wife of Ragghu and who was sleeping inside the house opened the door and came outside and she saw her husband Ragghu lying in a pool of blood, and she was shouting that Pirva had shot him. A number of villagers had collected and to whom, Ragghu had disclosed that he had been shot by Pirva. Ragghu had been injured by the gun shot in the stomach and was bleeding profusely and, so, a bandage was tied around the stomach. Ragghu was, then taken in a bullock-cart to Maharajpur Hospital, but he expired on the way near the hill of Kusma. While being taken to the hospital, Ragghu had shouted a number of time that he had been shot by Pirva and his children should be cared for. The first information report (Ex. P-1) was lodged by Janki (P.W. 1) at Police Station Maharajpur on 12-6-1985 at 2.30 a.m.

(3.) Dr. Dayanand Adhikari (P.W. 12), Assistant Civil Surgeon, Primary Health Centre, Maharajpur, District Chhatarpur, had performed the autopsy on the dead body of Ragghu, son of Bhaiyalal, resident of village Naigaman, Police Station Maharajpur, on 12-6-1985, at about 9.00 a.m., Dr. Dayanand Adhikari (P.W. 12) found one gun shot punctured wound in the left side of abdomen; located 2 c.m. below the mid-point of 12th rib, and 6 c.m. away from the midline of abdomen, 4 c.m. x 3 cm. circular in shape. A loop of intestine (small) was punctured and the left sided spleen was also damaged on account of the injury. According to Dr. Adhikari (P.W.12), the charge had entered in one mass like a single bullet making a large irregular wound with scorched and contused edges and followed by the gases of discharge. According to the postmortem report (Ex. P-13), one bullet was found in the abdomen (on the bottom side) between leftsided spleen and loop of intestine. Dr. Adhikari (P.W.12) opined that the cause of death was due to animia causing syncope and death as a result of excessive bleeding from intestine and spleen due to gun shot wound. The death of Ragghu (deceased) was homicidal in nature according to the opinion of Dr. Adhikari as per his post-mortem report (Ex. P-14),