CHUNNILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 29.10.2005 passed by learned Third Additional Sessions Judge, Gwalior in Sessions Trial No. 147/2003 convicting the appellants under Section 307/34 of Indian Penal Code, 1860 (in short "Code, 1860") and thereby sentencing them to suffer five years' rigorous imprisonment and fine of Rs. 1000/- (Rupees One Thousand), in default, further rigorous imprisonment of three months, the appellants have preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (in short "Code, 1973").

(2.) During the pendency of this appeal, the appellant, Chunnilal had died and his name has been deleted from the cause title, as the appeal stood abated against him.

(3.) In brief, the case of prosecution is that on dated 16.12.1998 in the night at about 9:30 when complainant Ashish alias Shyam (PW.3) had come on motorcycle to his house, at that time appellants/accused came on motorcycle armed with .35 bore revolver and fired on complainant with an intention to kill him, which hit on the abdomen of the complainant. On hearing the shrieks of the complainant, his father Balveer Singh Chauhan came down to open the gate of the house, at that time appellants/accused flee away on the motorcycle towards Gwalior. Appellants/accused committed this act of firing to kill the complainant Ashish due to business rivalry. Ramesh Mistri and Shailendra were present at the time of the incident. The complainant was taken to Police Chowki, Phool Bagh by Auto by his father Balveer Singh Chauhan and brother Shailendra (PW.4), thereafter Balveer Singh Chauhan lodged the report that was registered as Dehati Nalishi (Ex.P.2) by A.S.I. Punjab Singh (PW.7) and the complainant was referred to J.A Hospital for treatment. On the basis of Dehati Nalishi Head Constable Rajendra Bhaskar (PW.8) registered an FIR (Ex.P.8). During investigation, MLC report (Ex.P.1) received from the Hospital, Spot map Ex.P.5 has been prepared. One bullet which was hit on the motorcycle was seized by seizure memo (Ex.P.3). Clothes which were wearing by the complainant, at the time of incident, were also seized by seizure memo (Ex.P.4). One bullet which was taken out from the stomach of the complainant Ashish was also seized by seizure memo (Ex.P.7). Both the bullets as well as clothes were sent to the F.S.L. Sagar from where report (Ex.P.6) was received. The police after registering the offence took up the investigation and after its completion a charge-sheet was submitted under sections 450, 307 read with section 34 of Code, 1860 in the committal Court which on its turn committed the case to the court of Session and from where it was received by the trial court for trial.