RAJEEV Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 27.07.2007 passed by the Additional Sessions Judge, Lahar District Bhind in S.T. No.161/2005, whereby the appellant Rajeev has been convicted of offence under Section 302 of IPC and sentenced to life imprisonment with fine of Rs.50,000/-, in default of payment of fine, five years rigorous imprisonment.

(2.) Facts of the case, in short, are that, on 26.04.2005 the election of President, Gram Vikas Samiti, village Devrikala was fixed at Gram Panchayat Bhawan. At about 01:30 PM so many persons were present in Panchayat Bhawan relating to election. Rajkishore Dubey uncle of the complainant Ajeet Kumar was also contesting the election against one Bhagwati Prasad Dubey. Looking to the view of the persons present, there was possibility that Rajkishore Dubey would have won and, therefore, Bhagwati Prasad, Janki and Lalman etc. were taking the followers of Bhagwati Prasad to one side, whereas the followers of Rajkishore objected that the election cannot be done by such a method. The appellant Rajeev along with coaccused Basant and Sanjeev, who had firearms in their hands shouted in the crowd and threatened the persons present to sit down otherwise they would fire from the guns. Appellant Rajeev shot a fire from his 12 bore gun causing injury on the left chest of one Rameshchand Dubey father of the complainant Ajeet Kumar, thereafter Basant Kumar fired with a gun causing injury in the left arm of Rameshchand Dubey. The accused Bhagwatiprasad fired with a gun of Sanjeev causing injury on right leg of Tilak. Rameshchand Dubey and Tilak fell down on the ground and accused persons ran away. Ajeet Kumar had immediately lodged a Dehati Nalisi Ex. P-14, in which he roped up as many as nine accused persons in the case. The deceased Rameshchand Dubey was taken to the hospital. Dr. K.D. Singh (PW-4) examined Rameshchand and gave his report Ex. P-9. He found one entry wound of size 2x1/2 inches which was muscle deep over left ante arm anterolateral at upper 1/3 space (i.e. below the axilla). He also found one exit wound on the left side of the chest having size 10x5 inches in between second to fourth intercostal space. He referred the patient Rameshchand for X-ray examination and treatment. Dr. K.D. Singh (PW-4) also examined the victim Tilak Singh and gave his report Ex. P-7. One punctured wound was found on his right knee caused by firearm. In presence of Dr. K.D. Singh, the Executive Magistrate Shri Devdatt Sharma (PW-19) recorded the dying declaration of Rameshchand Ex. P-11, in which Rameshchand told that fire was done to him by the appellant Rajeev and one Bhagwatiprasad.

(3.) Rameshchand had expired on the same day and, thereafter Dr. K.D. Singh performed the postmortem on his body and gave his report Ex. P-13. He found the aforesaid wounds on his body and on opening he found that left lung was punctured and blood was collected in the cavity. The deceased died due to profuse bleeding caused by gunshot. In investigation, Investigation Officer recorded the evidence of various witnesses including Pratipal Singh (PW-15). A gun was recovered from the appellant Rajeev and a seizure memo Ex. P-30 was prepared. After due investigation, the charge-sheet was filed against various accused persons including the appellant Rajeev but investigation was kept pending against the accused Bhagwatiprasad. Case was committed to the Court of Session. Ultimately, it was transferred to Additional Sessions Judge, Lahar District Bhind.