ARVIND SHRIVASTAVA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant/accused namely Arvind Shrivastava, against the judgment and conviction dated 26.09.2005, passed by Special Judge (Atrocities) and Additional Sessions Judge, Bhopal in S.T. No.175/2002, whereby the appellant/accused has been convicted for commission of offences punishable under Sections 302 of IPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs.15,000/-, Section 307 of IPC and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.10,000/- and Section 332 of IPC and sentenced to undergo rigorous imprisonment for two years, with default stipulations.

(2.) The prosecution story in nutshell is that the appellant/accused was posted as Constable in police out post Nishatpura a Railway Protection Force (in short "RPF"). He was allotted 303 bore rifle and about 25 cartridges. It is alleged that on 11.03.2002 at about 08:30 pm appellant was on duty at police out post Nishatpura alongwith other staff. Appellant fired a gun shot on Head Constable M.P. Singh and caused him fatal injury. Hearing the noise of fire Railway Goods clerk K.B. Singh who was working in Railway Godown situated near police out post, came out of godown, seeing him, appellant fired a gun shot on him and caused fatal injury. RPF Constable Rajendra Kumar Rai tried to stop the appellant, he also received a gun shot injury fired at him by appellant. Thereafter, appellant went to the roof of the Railway Running Room and again fired gun shot on Cook Rama Shanker Shatri, Washerman O.P. Malviya, Railway driver Sataynarayan, Box Boy Raju, Constable Dal Chand, Tej Singh, Chandre Dev, Ganesh Kumar and Vishnu Prajapati and caused them gun shot injury. Seeing the incident by the witnesses information was given at Police Station GRP, Bhopal. SHO GRP R.N. Bararu alongwith Head Constable Nafeez Hussain and other staff rushed on the spot and tried to take the appellant under their control and asked him to surrender. Seeing the GRP staff appellant fired at R.N. Bararu and Nafeez and caused gun shot injury to them. Thereafter, appellant was taken into custody and his rifle was seized by the police. In this incident Dal Chand, Sataynarayan, M.P. Singh and K.B. Singh died and Vishnu Prajapati, Tej Singh, O.P. Malviya, Ram Shanker Shakya, Rajendra Kumar, Raju Yadav, Chandra Dev Dubey, T.I. R.N. Bararu and Head Constable Nafeez had sustained injuries. The police registered three cases vide Crime No.122/2002, 123/2002 and 124/2002 against the appellant. During investigation empty cartridges and blood stains were seized from the spot, the inquest was conducted in respect of four persons died in the incident and other injured were medically examined. The spot map was prepared and after investigation one charge sheet was filed against the appellant in the Court.

(3.) The trial Court framed the charges of offence punishable under Sections 302 , 307 and 332 of IPC against the appellant. He abjured guilt and pleaded innocence.