CHHOHE LAL @ CHHOTELAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed against judgment dated 23.09.2008 passed in Sessions Trial No.72/2008 by Sessions Judge, Shahdol convicting the appellant under Section 302 of IPC and section 25(1) (b)(a) and 27 of the Arms Act and sentenced as under : <FRM>JUDGEMENT_238_LAWS(MPH)7_2018_1.html</FRM>

(2.) The prosecution story, in brief, is that the appellant had suspicion that the deceased had illicit relationship with his niece (Bhanji). When the deceased came to the house of the appellant, the appellant caused gun shot injury to the deceased due to which he died. The report of the incident was lodged; merg was registered; police conducted the investigation and filed the charge-sheet. The appellant abjured his guilt during the trial, however, the trial court held the appellant guilty for commission of offence punishable under Section 302 of IPC and sections 25(1)(b)(a) and 27 of the Arms Act and sentenced as mentioned in the impugned judgment.

(3.) Learned counsel for the appellant submitted that the evidence of eye-witnesses is reliable. There are contradictions and omissions in their evidence. It is further submitted by the counsel for the appellant that the seizure of the gun has been proved. In the alternate, learned counsel for the appellant has submitted that the prosecution case is that the deceased had illicit relationship with the niece (Bhanji) of the appellant and he was present in the house and as per evidence of the Doctor PW-13 Dr.V.P.Patel, who performed post mortem of the deceased, there were signs of sexual intercourse on the person of the deceased, hence, it may be possible that the appellant had seen the deceased during some unnatural act and in that event, he had fired gun shot on the deceased, hence, the offence, as alleged, against the appellant would fall under Section 304 Part-I of IPC.