STATE OF MADHYA PRADESH Vs. BRAJGOPAL PATEL

JUDGEMENT

(1.) Applicant/State has filed an application under Section 378(4) of the Cr.P.C. for grant of leave to appeal against the judgment dated 12/2/2015 passed by Second A.S.J., Chhatarpur in S.T. No.127/2011, whereby each of the present respondents and deceased respondent Rakesh Patel was acquitted from the charge of Section 148 and 307 or 307/149 of the IPC and respondent no.1 Brijgopal Patel was also acquitted from the charge of Section 25(1- B)(a) of the Arms Act. During pendency of this case respondent Rakesh Patel has expired.

(2.) According to prosecution, on 15/11/2010 injured Dwarika Prasad submitted a written report (Ex.P-13) at Primary Health Center, Rajnagar to Shri U.B. Sharma Assistant Sub-Inspector of the Police Station Rajnagar, on which the above mentioned Sub-Inspector recorded a Dehati Nalishi report. It was recorded in the application that on 15/11/2010 when complainant Dwarika Prasad had gone nearby river, respondents Jagdish, Rajendra, Lakhan, Brijgopal, Gokal pal, Rakesh and Tulsiram came there. At that time, after abusing the complainant, respondent Jagdish had fired from his rifle and respondent Rajendra Patel fired from his double barrel gun on the complainant. When complainant was running to save himself, then Jagdish Patel, after taking farsa from respondent Lakhan, assaulted on the head of complainant Dwarika. At that time, other respondents were also giving beating to the complainant. At the time of incident, Shyam (P.W-8), the son of complainant, Ganeshilal (P.W-11) and Jugal Kishore Pathak came on the spot and these witnesses took injured complainant to P.H.C., Rajnagar. Dehati Nalishi report (Ex.P-26) was sent to the police station Rajnagar, on the basis of which FIR and crime number were registered. Dr. Suresh Boddha (P.W-3) recorded the MLC (Ex.P-3), who found a single incised wound on the head of complainant Dwarika Pd. Tiwari. Dr. Suresh Boddha opined that this injury could be dangerous to life and referred complainant Dwarika to District hospital Chhatarpur, where complainant was admitted and discharged on 25/11/2010. In District Hospital, complainant was treated by Dr. K.K. Chaturvedi (P.W-5), who alongwith other members of District Medical Board gave report (Ex.P-10) in which, it was recorded that the single injury found on the head of complainant was of simple nature. Respondents were arrested and during the investigation, a country made pistol was seized from respondent Brijgopal Patel by seizure memo (Ex.P-23) alongwith a cartridge. The District Magistrate gave sanction for prosecution of Brijgopal in reference to prosecution for the offence punishable under the Arms Act. After completion of formalities of the investigation, charge-sheet was filed before the J.M.F.C., Rajnagar, who later on committed the case to the Sessions Court.

(3.) Much emphasis has been given by learned panel lawyer for applicant/State that Dr. Suresh Boddha (P.W-3) had given his opinion that single incised wound found on parietal region of skull could be dangerous to life.