JEETU Vs. THE STATE OF M.P.

JUDGEMENT

(1.) Being dissatisfied with the judgment of conviction and order of sentence dated 10th of March, 2016 passed by Additional Sessions Judge, Lahar, Distinct Bhind (M.P.) in Sessions Trial No.192 of 2015 whereby, the appellants have been convicted under Sec. 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.25,000.00 each, in default to suffer rigorous imprisonment for two years.

(2.) Briefly stated, the prosecution case is that on 9/4/2015, 13th day ritual meals were being served in the house of one Rashik Bihari Kaurav in Village Bidra due to sad demise of his brother Janak Singh. Uttam Singh Kaurav (since deceased) was sitting in the courtyard of one Sitaram. At that time, everyone was going to attend the said ritual meals. Accused-appellants Jeetu and Awadhesh started quarreling with the relatives of Rakesh Singh Kaurav. Uttam Singh intervened and asked appellants not to indulge in fight on which, accused Jeetu and Awadhesh hurled filthy abuses at him. Thereafter, Jeetu took out his country-made pistol and with an intention to kill, fired at Uttam Singh, hitting his right jaw, as a result of which, Uttam Singh fell down. It is also alleged that accused Awadhesh fired a gunshot on the right hand of Deendayal Kori, who was standing there. After causing gunshot fires, both accused fled away from the spot. Family members of Uttam Singh and Deendayal came on spot and brought Uttam Singh and Deendayal in a tractor to Alampur Police Station from where they were sent to Hospital. Uttam Singh were declared dead by the Doctor while Deendayal Kori was admitted in hospital.

(3.) Rakesh Singh Kaurav (PW1), son of deceased Uttam Singh, came to Police Station and reported the incident about the death of deceased Uttam Singh. On the basis of which, Police Station Alampur recorded Merg No.04 of 2015 vide Ex.P2 u/S 174 of CrPC. FIR vide Ex.P1 in Crime No.26 of 2015 was registered for offence punishable under Ss. 302, 307/34 of IPC. Matter was investigated. Spot map vide Ex.P1 was prepared. Panchnama of dead body of deceased was prepared, postmortem was conducted and MLC of injured Deendayal Kori was done. Relevant seizures were made. After completion of investigation and other formalities, police filed Final Report/charge-sheet before the competent Court of criminal jurisdiction.