RAMPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant-Rampal Singh being aggrieved by the judgment dated 29.12.1994 passed by the 3rd Additional Sessions Judge, Chhatarpur in Sessions Trial No. 53/1992 convicting the appellant under Section 302 of IPC and directed him to undergo life imprisonment.

(2.) The case of the prosecution is that the FIR was lodged by Maiku (since deceased) s/o Mullu Ahirwar inter alia stating that he is the resident of Village Karhari and doing agricultural work. In the intervening night of 19th and 20th May, 1991, Maiku, his mother Shivraniya, brothers Brindavan (PW-3) and Deendayal (PW-7) were sleeping in the house. At about 12:00 in the midnight, appellant-Rampal Singh s/o Malkhan Beda reached there and woke-up Maiku. His mother Shivraniya, brothers Brindavan (PW-3) and Deendayal (PW-7) also woke up. At that time, Rampal fired a gunshot from 'desi katta' (country-made pistol) due to which he received an injury near his left shoulder and blood started oozing out. On the hue and cry made by the family members, appellant-Rampal ran away from the spot. It is stated that the incident took place on account of previous enmity with the deceased Maiku and his family. After the said incidence, injured was brought to the Police Station, Jujharnagar on a bullock cart where he lodged the FIR (Ex. P/17). His Dying Declaration (Ex. P/13) was also recorded at about 2:30 am by the Naib Tehsildar (PW-12). Maiku died on the next morning on 20.05.2019 due to excessive bleeding from the gunshot injury and the pallets were found in his body. The MLC was done by Dr. R.P.Gupta (PW-5) and the autopsy was conducted by Dr. S.K.Dixit (PW-8). After completion of the investigation, recording of statement of the witnesses, preparation of spot map and seizures, offence was registered against the appellant-Rampal under Section 302, 302 read with Section 120-B of Indian Penal Code and Section 25 of the Arms Act whereas offence under Section 302 read with Section 120-B of IPC was registered against other accused persons namely Halki, Nanki, Munna and Raja Bhaiya.

(3.) Learned trial Court disbelieved the testimony of Brindavan (PW-3) and Deendayal (PW-7) but relying upon the Dying Declaration (Ex. P/3) recorded by the Naib Tehsildar (PW-12) and also considering the statement of Dr. S.K.Dixit (PW-8) and the MLC Surgeon Dr. R.P.Gupta (PW-5), recorded the finding regarding guilt only against the appellant-Rampal and convicted him under Section 302 of IPC, while the other co-accused persons have been acquitted in absence of their names in the Dying Declaration.