LAWS(MPH)-2017-10-220

MUNNALAL AND ANOTHER Vs. STATE OF MADHYA PRADESH

Decided On October 11, 2017
Munnalal And Another Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Present appeal is filed against the conviction and sentence dated 06-10-2005, passed by First Additional Sessions Judge, Chhatarpur, in S.T.No.39/2005 whereby appellant No.1 Munna has been convicted and sentenced for offence punishable under Section 302 of IPC to undergo imprisonment for life and fine of Rs.5000/-, in default, to suffer further Rigorous Imprisonment for 1 year and appellant No.2 Pappu @ Chintu @ Bhumanidas has been convicted and sentenced for offence punishable under Section 302/34 of IPC to undergo imprisonment for life and fine of Rs.5000/-, in default, to suffer further Rigorous Imprisonment for 1 year.

(2.) As per the prosecution case, against appellant no.1 Munnalal, it is alleged that on 27-09-2004, at about 6.30 PM , near the field of Pyar Mohammad in village Tapariyan, Police Station Gulganj, District Chhatarpur, he murdered deceased Hari Yadav by gunshot. On his discovery statement, on 17-10-2004, near Devi Temple of Deopur forest, 12 bore gun with 2 live cartridges were seized. Against appellant no.2 Pappu @ Chintu @ Bhumanidas, the allegation is that in furtherance of common object, alongwith co-accused Munna Yadav, he murdered deceased Hari Yadav. On his discovery statement from the same place 315 bore country made pistol with one live cartridge was seized.

(3.) The prosecution case states that there was old dispute regarding a house between the accused and the deceased. On the date of incident i.e.27-09-2004, at about 6.30 PM when deceased Hari Yadav alongwith his father Kirpu @ Kriparam and nephew Suresh was going to village Gulganj to sell milk, near the field of Pyar Mohammad, both the appellants alongwith one person who was not identified , came with the guns and appellant Munna Lal fired on deceased and the injury was received on neck and he fell down. Seeing the said incident, Kirpu @ Kripu and Suresh run away from the spot and came after some time and found that Hari Yadav was dead. PW-4 Suresh, lodged the FIR at Police Station Gulganj vide Ex.P-10. The panchnama of the dead body was prepared vide Ex.P-3 and other articles blood stained soil, Kagring milk container etc. were seized and the crime seen map Ex.P-4 was prepared. After the arrest of the accused persons, 12 bore and 315 bore country made pistols were seized with live cartridges. Thus, the appellants were prosecuted for commission of offence under sections 302 and 302/34 of IPC respectively.