PIYUSH SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Sec. 374 of Code of Criminal Procedure, 1973 (hereinafter referred as, 'Cr.P.C.') has been preferred by appellant / convict against judgment and order dtd. 08/03/2016 passed by III Additional Sessions Judge, Dewas (M.P.) in Sessions Trial No.115/2013, whereby the appellant Piyush Sharma @ Kaka has been convicted under Sec. 302 and 449 of Indian Penal Code, 1860 (hereinafter referred as, 'IPC') and Sec. 25(1-B)(A) read with Sec. 3 and 27 of the Arms Act, 1959 and sentenced to under to Life Imprisonment with fine of Rs.25,000.00, 10 years RI with fine of Rs.10,000.00, 05 years RI with fine of Rs.5,000.00 and 07 years RI with fine of Rs.5,000.00 with usual default stipulation for respective offences.

(2.) The prosecution story as emerged during trial briefly stated is that complainant Neelesh Pathak (PW-1) on 16/02/2013 at about 09:50 hours came to the Police Station Kotwali, District Dewas and reported that today at about 08:00 to 08:30 pm he, his brother Mukesh @ Monu Pathak (now deceased) and his brother's wife (Bhabhi) were at their home. Appellant / accused Piyush Sharma @ Kaka, friend of his brother came in the drawing room and demanded Rs.19.00 Lakhs from his brother deceased Monu, as his brother Monu has lent out Rs.1,00,000.00 on interest from appellant to Patwardhan Sahab. Patwardhan Sahab has committed suicide. Appellant was demanding amount from his brother Monu, which was due allegedly to him from Patwardhan Sahab. His brother was unable to pay such huge amount of interest. When Monu told appellant that he is unable to pay such huge amount, appellant got enraged. He by his mobile phone managed conversation between Monu and co-accused Vishal Sharma, brother of the appellant. Vishal Sharma hurled filthy abuses on phone to Monu and threatened to kill him if he did not pay the money.

(3.) After that Vishal Sharma himself had conversation with appellant and after appellant became infuriated and asked Monu to vacate the house immediately, which Monu refused. After this appellant fired from pistol on chest of his brother Monu and fled away. His parents also came witnessed appellant Piyush shooting Monu. After the incident, he along with Lalit, friend of his brother, who also witnessed the incident rushed injured Monu to Sanskar Hospital, where doctor declared him dead. Appellant Piyush on exhortation of Vishal Sharma, due to money transaction shot dead Monu. Jabbar Khan (PW-33) ascribed Merg intimation No.13/2013 (Ex.-P/51) under Sec. 174 of Cr.P.C. on written information (Ex.-P/34) received from Sanskar Hospital to the effect that deceased Mukesh Pathak was brought dead to the Hospital.