DEVENDRA SINGH TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the judgment dated 22.1.2008 passed by 10th Addl. Sessions Judge, (Fast Track), Bhopal, in S.T.No.140/2007 whereby the appellant has been convicted for the offence under Sections 302 of the I.P.C. for committing murder of Dilip and sentenced to undergo life imprisonment along with fine of Rs.500/-; in default of payment of fine, additional six months R.I.

(2.) According to the prosecution story, on 4.3.2007 at Police Station Jahangirabad, Bhopal, on the occasion of Holi festival deceased Dilip, Deepak, PW3 and Ramesh, PW4 along with others were coming from one side and appellant accused was crossing them. The appellant was carrying a double barrel gun. While crossing, shoulder of deceased Dilip @ Dabbu dashed the appellant accused on which accused abused him and threatened him that he belongs to Bhind which is known as a notorious place and thereafter appellant fired gun shot at deceased due to which he sustained gunshot injury at right side of the chest. The deceased fell down and the appellant ran away. On hearing the fire sound, Pappu Vilas, Dinesh Yadav, Rajesh Yadav came on the spot, they lifted the deceased and brought him to the Hospital on a police van. Information of the incident was immediately given at Police Station Jahangirabad by Deepak, PW3, on which Crime No.196/2007 was registered against the accused for the offence under section 307 of the I.P.C. In the hospital injured Dilip was declared as 'brought dead'. The police summoned the witnesses and prepared Panchnama of dead body of the deceased vide Ex.P/6. The dead body was sent for examination to the Govt. College, Bhopal, where examination was done by Dr.C.S.Jain, PW10, who prepared the post mortem report, Ex.P/12 and found gunshot injury on the right side of chest of the deceased and the cause of death was excessive bleeding and shock caused by gunshot injury. During investigation, statements of the witnesses were recorded. Spot map, Ex.P/7 was prepared. During investigation, empty cartridge and blood stained and simple soil were seized from the spot vide Ex.P/ The accused was arrested. Seized articles were sent to the FSL for chemical examination. As per the FSL report, the cartridge recovered from the spot was fired by the gun recovered from the appellant accused. After completion of investigation, the police filed a charge sheet against the appellant / accused for offence under sections 302 of the IPC and 30 of the Arms Act before the J.M.F.C. Bhopal, District Bhopal and on committal, the case was received by Sessions Judge, Bhopal, and the case was tried by 10th Additional Sessions Judge, Fast Track, Bhopal.

(3.) The learned trial Court framed the charge for the offence under Section 302 I.P.C. against the appellant. However, the appellant / accused abjured the guilt and pleaded for trial. His defence was that he was innocent and has been falsely implicated. However, no evidence has been adduced on behalf of the appellant.