GENDALAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal from Jail is at the instance of the appellant who is convicted and sentenced for life being found guilty of causing murder of Lakhan.

(2.) The prosecution was set in motion when the complainant Baby (PW/8) with her brother-in-law Mangal Singh (PW/9) on 25/01/2008 at 10:35AM reported at Dead House Jaya Arogya Hospital Gwalior, that she is the resident of village Gehdoli P.S. Kelia District Jalon and is living with her husband Gendalal Jatav (the accused) at Jagjivan Nagar. That her husband Gendalal quite often beats her therefore two days ago she went to her brother Lakhan (the deceased) who also lives in Jagjivan Nagar in a rented house. She further stated that last evening her husband Gendalal came to the house of her brother to beat her, she was however saved with the interference of her brother and brother-in-law. Today morning her brother Lakhan got ready to take her to her village. At that time Gendalal came, armed with gun and said that he will see how she goes to the village. On being told by others in the neighbourhood, she decided not to go to village with her brother, who decided to go alone, and no sooner he turned around, Gendalal fired from behind. The bullet hit Lakhan on his back and came out of chest and hit Rambai (PW/4) standing behind Lakhan. Both of them fell down. The second fire by her husband hit the wall. At that moment Dataram Jatav (PW/1), Sunny Jatav (PW/6), Mangal Singh (PW/9) and she herself snatched away the gun from Gendalal in the scuffle the gun broke in two parts. The police came at the call of phone and arrested Gendalal with gun. That police brought her brother Lakhan and Rambai for treatment. Lakhan died during treatment.

(3.) Dehati Nalishi (Ex-P/2) being recorded at Dead House Jaya Arogya Hospital Gwalior was later on recorded as FIR (Ex-P/3) on 25/01/2008 at 12:10PM for an offence under Sections 307, 302 IPC. Besides sending the body of Lakhan for postmortem, the investigating officer collected the blood stained soil, prepared spot map, seized one twelve bore gun from the accused who was arrested. The forensic science laboratory report was sought (Ex-P/16). After recording the statement of Dataram (PW/1), Sunny (PW/6), and after completing necessary investigation, police filed the charge sheet.