STATE OF M.P. Vs. RAJENDRA ALIAS MEXI

JUDGEMENT

(1.) THE above appeals and revisions have been filed against the common judgment dated 22.10.1986 of the learned Additional Sessions Judge, Narsinghpur, in Sessions Trial No. 36/86 and Sessions Trial No. 37/86, by which the learned judge has acquitted the respondent Rajendra alias Mexi of the charge under section 302 of the Indian Penal Code and the other respondents of the charge under section 302/34, I.P.C.

(2.) BOTH Sessions Trial Nos. 36 and 37 of 1986 arose out of the same incident. Since the respondent Rajendra alias Mexi was said to have absconded, a challan was filed by the police against the other respondents and the case was committed to the Court of Sessions which registered It as Sessions Trial No. 36/86. Eventually, a supplementary challan was filed against the respondent Rajendra alias Mexi and the case was registered as Sessions Trial No. 37/86 and both the Sessions Trials were tried and disposed of together by the said common judgment of acquittal. The complainant Narayandas Sindhi has, accordingly, filed Criminal Revision No. 26/87 against the acquittal of Rajendra in Sessions Trial No. 37/86 while the State of Madhya Pradesh has filed Criminal appeal No. 279/87 against the said acquittal. The complainant Narayandas Sindhi has filed Criminal Revision No. 27/87 while the State has filed Criminal Appeal No. 278/87 against acquittal of the other respondents in Sessions Trial No. 36/86. All these revisions and appeals are, therefore, being decided by this common judgment.

(3.) DR . B. Santoshi (P.W.9) was posted as Assistant Surgeon at the Primary Health Centre, Gotegaon. On 2.8.1985, he received requisition for post -mortem examination of Shital aged 29 years. He found that there was a wound of entry measuring 1 cm x 1 cm x 5 cm with irregular margins which were inverted, located on the orbital margin of left eye. The direction of the wound was inward going medially and bruising of peripheral margins was present. On passing probe from the wound of entry, the probe passed upto the cranial cavity on right side base of skull and a bullet of the size 1 cm x 0.75 cm was found in the bone. There was no wound of exit and the bone at right base of skull was fractured. In the opinion of the doctor, the cause of death was due to shock as a result of excessive haemorrhage on account of gun -shot injury. The autopsy report given by the doctor is Ex.P -11.