RAMESH & OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is directed against judgment dated 10. 06. 2005 in Sessions Trial No. 181/2002 whereby the trial Court convicted the Appellant No. 1-Ramesh S/o Harnayan for commission of offences punishable under Section 147, 148 & 302 IPC and Appellants No. 2 to 5 viz Shivnarayan, Vinod, Krishnanarayan & Yogendra @ Baba under Sections 147, 148, 302/149 IPC and sentenced to undergo life imprisonment and fine of Rs. 10,000 each for the offences under Section 302 of IPC and Section 302/149 IPC; 2 years RI with fine of Rs. 3000 each for the offence under Section 148 IPC with default stipulation for causing murder of Bhure @ Sanjeev. All the sentences to run concurrently.

(2.) As per prosecution, on 04. 06. 2002, at 5:45 pm the deceased Bhure @ Sanjeev while was walking down to his house when reached in front of the house of Ramesh (Appellant No. 1), there was talk between the deceased and Appellant No. 1 about running/operating of vehicle at that moment Appellant No. 1 went into the house and brought out 315 bore rifle from his house, behind him came Krishnanarayan (Appellant No. 4), Baba (Appellant No. 5), Vinod (Appellant No. 3) and Shivnarayan (Appellant No. 2). On sensing some dispute, the complainant Laxminarayan (PW-5) father of the deceased came to the spot at that very moment Appellant No. 1 fired thrice at Bhure who fell down and died. The incident was recorded on Dehati Nalashi (Exhibit P-4). On the basis whereof, FIR (Exhibit P-25) was registered at Police Station Lahar, wehreon against Appellant No. 1 offence punishable under Section 147, 148, 302 IPC and against Appellants No. 2 to 5 offence punishable under Section 147, 148, 302/149 IPC was registered as Crime No. 90/0

(3.) In the course of investigation, besides preparing the map depicting scene of crime, the investigating agency collected the blood stained soil, plain soil, blood stained clothes. The weapon used for commission of the crime, i. e. 315 bore rifle bearing No. 89/AB/0119 (90F) was seized at the instance of Appellant No. 1 vide Exhibit P-21 on 16. 06. 2002 from the shop of arms dealer Smt. Vandana Kaurav, witnessed by Kamal Kumar (PW-19) and Narendra Kaurav (PW-21). Two empty cartridge of 315 bore rifle bearing No. BMM KF 92 and BMM KF 98 were seized from the scene of crime from Munnibai (PW-10) mother of deceased. The rifle and empty cartridges and the t-shirt and other blood stained articles were sent for the scientific analysis. The ballistic report is Exhibit-27. The dead body was sent for postmortem. The report whereof is Exhibit P/19. Dr. D. K. Gupta, (PW-15) Medical Officer, Community Health Center performed the autopsy on 05. 06. 2002.