DASHRATH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) In the present appeal a challenge has been made to the order of conviction and sentence passed by the learned Additional Sessions Judge, Sihora, District Jabalpur in S.T. No.532/ 2003 [State vs. Dashrath Singh ] on 26-04-2004 whereby the accused-appellant has been convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life; and also under Sections 25 and 27 of the Arms Act, 1959 to undergo rigorous imprisonment for 2 years and fine of Rs.1000/-, in default of payment of the fine amount, to suffer further rigorous imprisonment for three months with the stipulation that both the sentence would run concurrently.

(2.) The prosecution case, succinctly stated, is that on 12-5-2003 at about 5 o'clock in the evening Ravi Singh informed Raghunath Singh (PW-5), brother of the deceased - Shriram that the deceased was lying injured near the 'Jamun' tree. Raghunath Singh, Ravi Singh and other villagers went to the spot and saw that Shriram was lying seriously injured with gunshot injuries over his shoulder.

(3.) Postmortem of the deceased was conducted by Dr. D.N. Pathak (PW-3). To prove the autopsy report he was also examined wherein he had found that the cause of death was on account of gunshot injury. The seized gun was sent for ballistic examination and the gun was found to be in working condition. Since there was no recovery of any bullet or pellet either from the body of the deceased or from the spot, therefore, it is contended that the prosecution could not prove that the injury was caused to the deceased by the seized weapon itself.