RAMCHITRA AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal against the judgment dated 13.08.2004 passed by the Sessions Judge, Morena (M.P.) in Sessions Trial No.130/2002 whereby each of them has been convicted of offence under Section 307/34 of IPC and sentenced to undergo seven years' rigorous imprisonment with a fine of Rs.2,500/-.

(2.) Prosecution'S case, in short, is that on 25.01.2002, complainant Ramautar (PW-4) lodged the FIR Ex.P-8 at Police Station Civil Lines, Morena (M.P.) that on the same very day at about 01:30 pm, he was coming back to his village Rampur. One Ramlakhan (PW-5) was accompanying him as a pillion rider. Near the turn of village Visangpur, appellants and other culprits came out of the crop of mustard. Each of them had a firearm in the hand. Initially, appellant Banwari fired with a gun causing injuries on the left shoulder and back of the complainant Ramautar (PW-4). Thereafter, second fire was made by appellant Ramchitra causing injuries on left arm of the complainant Ramautar (PW-4). Since Ramautar (PW-4) was driving the motorcycle, he fell down on the ground on account of sustaining the injuries. Thereafter, Siyaram fired with a gun causing injuries to him on right leg. On his screams, witnesses, namely, Rambharosi (PW-6) and Gangaram (PW-8) rushed to the spot and thereafter, the culprits ran away from the spot. After lodging the FIR, complainant Ramautar (PW-4) was sent to the hospital for his medico legal examination. Dr. A.K. Gupta (PW-2) examined the complainant Ramautar (PW-4). He found as many as three injuries of the firearm and he was referred for his radiological examination. Dr. Yogendra Singh (PW-1) examined the complainant Ramautar (PW-4) radiologically and gave his report Ex.-P-1. He found the right fibula bone of the complainant Ramautar (PW-4) to be fractured from its tip by one side. Various radio opaque shadows were found on his back and left hand. Complainant Ramautar (PW-4) was admitted in the hospital for treatment and removal of pellets.

(3.) Blood stained clothes and pellets removed from the body of complainant Ramautar (PW-4) were sent to the concerned SHO and the same were recovered by head constable Vijay Singh (PW-3) and a seizure memo Ex.P-7 was prepared. The investigation was done by subinspector Mr. N.D. Verma (PW-7). He prepared a spot map Ex.P-4. Thereafter, he arrested various accused persons. On interrogation, a licensee gun of 12 bore was recovered from the appellant Banwari and a seizure memo Ex.P-13 was prepared. For recovery of guns from other accused persons, a search was made to their houses but nothing could be found.