RAJENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this common judgment being passed in Criminal Appeal No. 413/2007, an another Criminal Appeal No. 743/2007 is also being decided as both these appeals have arisen from the judgment dated 27.04.2007 passed by Second Additional Sessions Judge, Gwalior in Sessions Trial No. 97/2005, whereby appellant Rajendra of Criminal Appeal No. 413/2007 has been convicted and sentenced under Section 302 / 34 of IPC to undergo life imprisonment with a fine of Rs.5,000/- with default stipulation and by the same judgment, appellant Balwant of Criminal Appeal No. 743/2007 has been convicted and sentenced under Section 302 / 34 of IPC to undergo life imprisonment with a fine of Rs.5,000/- and under Section 25(1-B)(a) of the Arms Act to undergo one year's rigorous imprisonment with a fine of Rs.1,000/- and under Section 27(1) of the Arms Act to undergo three years' rigorous imprisonment with a fine of Rs.3,000/- with default stipulation.

(2.) It would be significant to mention here that at the time of trial of both the appellants, other two accused persons of the same crime and sessions trial, Bhagwandas and Badshah were absconding. Bhagwandas is still absconding but Badshah is being tried separately before the trial Court.

(3.) Prosecution's case, in brief, is that on 29.10.2004 in the night at about 10:30 PM, the complainant Pooran Singh (PW-1) was seated in his brother Rajpal's STD shop situated at Rangiyana Mohalla, Hazeera, Gwalior with his brother Rajpal. At that time, appellant Rajendra Kachhi came there and he called Rajpal and took him away. After some time, complainant heard the sound of abusing, then complainant came out from his shop and reached on the spot, where in front of primary school, complainant saw that present appellants Rajendra and Balwant with their two other companions were scuffling with Rajpal and abusing him. At the same time, appellant Balwant took out country made firearm and fired at Rajpal, due to which, Rajpal sustained injury on the head by bullet and he immediately fell down and became unconscious. At the same time, witnesses Suresh Singh (PW-3) and Raju also came on the spot to save Rajpal, thereafter, appellants and their companions fled away. Complainant Pooran Singh took his injured brother Rajpal in a auto and reached to police outpost Hazeera and lodged FIR (Ex. P-1), which was inscribed by Ramesh Singh Sikarwar (PW-14) in relation to offence punishable under Section 307 / 34 of IPC and the injured Rajpal was sent to J.A. Hospital, Gwalior for treatment. On production of above-mentioned FIR (Ex. P-1) from police outpost Hazeera by constable Murarilal at Police Station, Gwalior, Crime No. 839/2004 was registered by Head Constable Ramkrishna Pandey (PW-10), after recording FIR Ex. P-7.