STATE OF M.P. Vs. BHAGWATDEEN

JUDGEMENT

(1.) THE State of Madhya Pradesh, feeling aggrieved by judgment of acquittal dated 13 -4 -88, passed by Addl. Sessions Judge, Satna, in S.T. No. 14/87 acquitting all the Respondents -accused for the charges Under Section 302 and 302/34 IPC, has preferred this appeal.

(2.) THE prosecution case, which did not find favour with the trial court, was that on 20 -10 -86 at about 5 -30 p.m. in the area of village Chakdahi within the jurisdiction of P.S. Rampur -Baghelan, Distt. Satna, deceased Rambaksh was passing in front of the house of Respondent -accused Bhagwatdeen and the other accused persons were standing by his side. There was previous enmity and litigation between two sides. Accused -Respondent Bhagwatdeen had even lodged a police report against the deceased Rambaksh on the same day earlier. Bhagwatdeen was having a single barrel muzzle loading gun at that time. The other accused -Respondents pursuaded him to shoot Rambaksh, passing in the street. So Bhagwatdeen shot at Rambaksh. The fire hit on the left side of buttock of Rambaksh and some pellets emerged from the lower abdomen below the naval and at other points. Some got embodied in the body. Rambaksh fell down. In fact at that moment Rambaksh was returning from his field along with his wife Kailasia (PW 8) and his two sons Mathura (PW9) and Ramshankar (PW16). Kailasia (PW8) was ahead of all the four. Rambaksh was behind her and above two sons were following Rambaksh. That was the situation when the shot was fired. Eye witness Gaibi (PW17) was fixing his fanching. Ramadhar (PW6) was sitting on the 'Chabutra' of his shop. These witness saw the shooting. Rambaksh fell towards 'Ban' and shouted that Bhagwatdeen has shot him, then Basanttal (PW1) and other reached there. Basantlal (PW1) lodged report of the incident as per FIR (EX.P -2) to the police on that very day at about 9 -30 p.m. at P.S. Rampur -Baghelan, narrating the incident on the basis of what was told to him by the aforesaid four witnesses i.e. eye witnesses of the incident. Rambaksh deceased Bhagwatdeen and Chukamna accused are real brothers. PW 1 Basantlal is son of Ramlakhan. Accused Chunkawan is son of Bhagwadeen. Shobhnath and Ramswaroop accused are sons of Chunkawan accused. Accused Rambaksh is son -in -law of Bhagwatdeen. Admittedly civil and criminal litigation has been pending between deceased on the one hand and his accused brothers for the last about 15 years about land.

(3.) RAMBAKSH expired in the Distt. Hospital that very night. On receiving intimation of death from Dr. A.M. Tajir (PW 3) the police, after preparing inquest on the body, sent it for post -mortem examination and Dr. K.K. Shukla (PW 15) conducted autopsy and he noted the following injuries: