MOHAN Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by judgment and order dated 07.03.2003 passed in S.T. No.46/02 by ASJ, Kukshi, District, Dhar whereby the learned trial Court has held the appellant guilty for the offence punishable under Section 302 of IPC and under Section 25(1-b) (a) of the Arms Act, 1959 and sentenced him for life imprisonment with fine of Rs.500/- and R.I. for 2 years with fine of Rs.500/- respectively and in default of payment of fine, further to undergo R.I. for 2-2 months for each offence, the appellant has preferred the present appeal.

(2.) The prosecution version of the case is that on 20.11.2001, at about 10:30-11:00 A.M., deceased Sevantabai and her mother Sonabai were at home in village Aali. Sevantabai had gone to see funeral procession of Nemaji. The accused, who is husband of Sevantabai and was suspecting her character came there and fired gunshot at her. She screamed and made a call for help. Her mother rushed to the spot and tried to stop him but he repeatedly fired gunshots 3-4 times by a country made pistol at his wife alleging that she is characterless. She sustained injuries on right hand with fracture of carpal bone, supra clavicular region, left side of neck (near left side of the chest), right scapular region (3 pellets) and between thighs and inguinal region about 10 in number (8 pellets) etc. Hearing sound of gunshots, many neighboring people rushed to the spot. Tulshiram and village choukidar Dhansingh were among them and saw that Sonabai was trying to hold her. On the basis of information received from the spot, Tulshiram lodged FIR which was registered at Crime No.373/01 under Section 307 of IPC at Police Station Kukshi, District Dhar.

(3.) Sevantabai was taken to the Community Health Centre, Kukshi where Dr. Fateh Singh Chauhan examined her and found gun shots injuries as stated above. Blacking and tattooing were also present on the skin. 11 pellets were found in the body of the deceased. In the opinion of Dr. Chauhan, the injuries were fresh, grievous in nature and were sufficient to cause death in the ordinary course of nature. The injured was referred to the District Hospital, Barwani, where she died during the treatment in the evening. Dr. Rajesh Jain performed autopsy and found all the injuries commensurate to the medical examination report (Medico Legal Certificate MLC). Dr. Chauhan took out pellets and clothes of the injured, sealed them and handed over to the Police. The Police seized a country made pistol and plain and blood stained soil from the spot, prepared spot map, sealed clothes, skin and pellets received from the hospital, recorded statements of the witnesses under Section 161 of Cr.P.C., arrested the accused, interrogated him and recovered a country made pistol alongwith a knife from his possession and prepared the documents relating to all these proceedings. After completing the investigation, the Police filed the charge-sheet.