RAJENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 1.12.2000 passed by the learned Sessions Judge, Sagar in ST No. 369/1997 whereby the appellant has been convicted of the offence punishable under Section 302/34 of IPC and sentenced to life imprisonment with fine of Rs.1,000/ -, in default of payment of fine, additional RI for six months.

(2.) THE prosecution's case, in short, is that on 23.4.1997 Madan Soni (PW -4), General Secretary of District Congress Committee had called a meeting of all the members in the party office situated near Saraswati Vachnalaya at Teenbatti Sagar. A resolution against the accused Lokman was proposed to be passed in such a meeting. A slogan "Lokman Hatao Congress Bacho" was also published. At about 12 to 12:15 PM the deceased Naval, Madan Soni (PW -4), Vijay Sahu (PW -13), Brij Kishore Rusia (PW -17) and other members of the party were present near Saraswati Vachnalaya and chatting amongst themselves before the proposed meeting. Suddenly accused Lokman Khatik along with other three accused persons came to the spot in a car and got down near the handpump of Teenbatti. The appellant along with accused Jitendra @ Jittu moved forward towards the deceased Naval Purohit. Lokman by waving his hand to Jitendra @ Jittu identified Naval Purohit. Accused Jitendra @ Jittu reached near deceased Naval Purohit and fired a shot from his pistol due to which Naval fell down on the ground. Thereafter all the four accused persons disappeared in the same car. Rajkishore (PW -1) and Ramesh Datt Dubey (PW -5) took the deceased Naval to the District Hospital, Sagar in an auto -riksha, but he succumbed to the injuries. The police recovered the dead body of the deceased and sent it for postmortem. Dr. Rakesh Kumar Khare (PW -12) had performed the postmortem of the deceased and gave his report Ex.P -20. He found an entry wound of gun shot at left maxillary region. On opening of skull, a fracture of left zygoma and different wounds were found. Base of skull was found fractured. Brain matter was also lacerated. Maxillary was damaged. There was a commuted fracture on the right temporal bone and one piece of bullet was found on the right temporal muscle. Two pieces of bullets were recovered from the head of the deceased. According to the opinion of Dr. Rakesh Kumar Khare, the death of the deceased was homicidal in nature. After due investigation, the charge sheet was filed before the Chief Judicial Magistrate, Sagar, who committed the case to the Sessions Court.

(3.) THE learned Sessions Judge, Sagar after considering the evidence adduced by the parties convicted all the accused persons including the present appellant of the offence under Section 302 or 302/34 of IPC whereas accused Jitendra @ Jittu was also convicted of the offence under Section 25(1)(a) of the Arms Act. The appellant was sentenced as mentioned above.