SURENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/appellant has been held guilty of an offence punishable under Section 394 I.P.C. read with Sections 11 and 13 of M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 by the Special Judge, Morena, and sentenced to undergo four years' rigorous imprisonment.

(2.) The prosecution case as set out in the first information report (Ex. P/3) lodged by Raghuraj Singh (P.W. 2) is that the accused/respondent was known to him for little over a month prior to the date of the incident. On 9-8-1983, Raghuraj Singh accompanied by his brother-in-law Rustam Singh (P.W. 3) was returning from Ruar. At Porsa, the accused Surendra Singh met them and asked them to accompany him to village Matiyapura so as to stay with Ramniwas and Munna his friends. All the three left Porsa for village Matiyapura. At about 11 a.m. all of a sudden, accused Surendra Singh took out a pistol from a bag resting on his shoulder and demanded money from Raghuraj Singh. Raghuraj Singh (P.W. 2) raised a cry attracting attention of Rustam Singh (P.W. 3), who was moving a few steps ahead of Raghuraj Singh. Rustamsingh turned back, caught-hold of the accused and fell him down. At this point of time accused Surendra Singh fired the pistol causing shot-wound to Raghuraj Singh little above his right knee. Thereafter, Surendra Singh fled away towards village Gadhiya, Raghuraj Singh and Rustamsingh reached P.S. Porsa where Rahuraj Singh lodged the F.I.R.

(3.) Raghurajsingh was referred for medico legal examination to Dr. Birwal of P. H. C. Porsa. He found two wounds below the right thigh of Raghurajsingh, of which one was the wound of entry and the other was the wound of exit. Dr. Birwal opined that the two wounds were caused by a single short fired from a distance of about 4 ft. from the front of the injured. He did not a Tree with the suggestion that the injury could have been self-inflicted.