RAMVALLABH @ BALLO Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment dated 14/08/08 passed by Sessions Judge, Rewa in Sessions Trial No.241/07 whereby convicting the appellant under Section 302 of the Indian Penal Code and Section 25(1A) & Section 27 of the Arms, 1959 Act and sentencing him for life imprisonment, three years R.I. and seven years R.I. respectively for each offence.

(2.) In brief the prosecution case is that on 18/08/07 at about 6:00 PM the appellant, deceased Virendra Yadav and Bhaiyalal Yadav had gone to Sirmor Market on a Motor Cycle. They returned to their village Gahnawa at about 8:30 PM. After returning back to their village Bhaiyalal Yadav went to his house, whereas deceased Virendra accepted the offer of the appellant and accompanied the appellant to his house to have 'Kheer' (a sweet) at his home. On hearing a loud noise at about 10:00 PM from the appellant's house Heeralal (PW/4), Kusumkali (PW/6) mother of the deceased rushed to the appellant's house, where they found Virendra in the injured condition was lying on the floor in the appellant's room and blood was oozing from his face. They asked the appellant's father Kamlasan (DW/2) who was present there as to how Virendra got injured, on which he told Heeralal (PW/4) and Kusumkali (PW/6) that the appellant has caused gunshot injury to Virendra. By that time Bhaiyalal also reached the spot hearing the loud noise. When Virendra was asked as to how he sustained the injury he alleged that the appellant had caused bullet injury to him. Virendra was then lifted and was taken to his house where he succumbed to the gunshot injury. After completion investigation of the Dehati Nalis Ex.P/4, Merg Ex.P/5 and FIR Ex.P/12 the police filed the charge-sheet against the appellant for the aforesaid offences.

(3.) The appellant abjured his guilt and pleaded false implication. In order to prove the charges, the prosecution examined as many as 13 witnesses. In rebuttal the appellant accused examined two witnesses.