STATE OF MADHYA PRADESH Vs. RAMNIWAS AND OTHERS

JUDGEMENT

(1.) The State has preferred the present appeal against the respondents relating to the judgment dated 10.12.2010 passed by the Sessions Judge, Datia in S.T. No. 41/2010, whereby the respondents have been acquitted from the charges of Section 307 or 307 read with Section 34 of IPC, whereas the respondents No. 1 and 2 namely Ramniwas and Rakesh have also been acquitted from the charges of Section 25(1-B)(a) read with Section 27 of the Arms Act.

(2.) Prosecution's case, in short, is that on 25.09.2009 at about 08:30 PM in the night, the victim Ramlakhan (PW-10) along with his brother Ashok (PW-11) were going to pray in Beejasen Mata temple near village Barka Police Station Pandokhar District Datia, when they were coming back, they were called by the respondent Kamta Prasad, thereafter, the respondents Ramniwas and Rakesh blamed Ramlakhan that the victim Ramlakhan abducted one Rani sister of Ramniwas. When Ramlakhan denied the allegation, then Rakesh fired with a Katta causing injuries on left hand of the victim Ramlakhan, when he started running from the spot, respondent Ramniwas fired with a Katta causing injuries to the victim Ramlakhan on his back and buttocks. Thereafter, Ramlakhan and Ashok have started running from the spot though they were chased by the respondents and when various other citizens came from the temple then the respondents ran away. The complainant Ramlakhan (PW-10) went to the police station Pandokhar along with his brother Ashok and lodged the FIR Ex. P- 20. The victim was sent for medico-legal examination. He was examined by Dr. R.S. Parihar (PW-3), who proved the MLC report Ex. P-9. He found several pellets on back and left hand of the victim Ramlakhan. He was referred for x-ray examination. Dr. Pradeep Upadhyay (PW-2) after examining him radio-logically gave his report Ex. P-2. He found various radio opaque shadows on left hand and back of the victim Ramlakhan. Thereafter, he was referred for the treatment.

(3.) The Investigation Officer S.S. Kushwaha (PW-12) went to the spot and prepared a spot map Ex. P-21. He examined various witnesses and, thereafter on interrogation, one fire arm was recovered from Ramniwas and another one was recovered from Rakesh and seizure memos Ex. P-16 and P-19 were prepared respectively. Such fire arms were sent for their examination to Reserve Inspector. Head Constable Armour Hotam Singh (PW-5), examined the weapons and gave a report that such weapons were working fire arms. Prosecution sanction was obtained. Various fire arms and arms were sent for forensic science analysis. The ballistic expert of forensic science laboratory has submitted a report Ex. P-23. After due investigation, the charge-sheet was filed before the JMFC, Bhander, who committed the case to the Court of Sessions.