AJAY TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant alongwith two other persons, namely, Smt. Savitri Bai and Ms. Anjali were tried for committing offence under section 302 of Indian Penal Code (IPC) in S.T.No.113/07. The court below by judgment dated 07.06.2008 acquitted the other co-accused but convicted the appellant under section 302 of IPC and directed him to undergo life imprisonment with fine of Rs.25,000/- with default stipulation.

(2.) Briefly stated, the story of the prosecution is that on 31.3.2006 Nidhish Tiwari (P.W.1) lodged F.I.R (Ex.P/1) in P.S. Surkhi that he was sitting with his brother Binu Tiwari in front of his house. The appellant and his mother Savitri Bai started abusing his family members. When objected by the complainant, Savitri Bai stated unless one is murdered, she will not be satisfied. At the instance of Savitri Bai, appellant brought a gun and fired at Ashish on his chest. Raju who was starting nearby also suffered bullet injury. Ashish was taken to hospital by Binu, Raju and Bali in the jeep of Sharad Tiwari. Upon receiving the information about the incident, F.I.R for committing the offence under section 307 of IPC was registered. At sagar hospital, Doctor declared Ashish as dead. Dr. B.K.Khare conducted the postmortem and prepared the report Ex.P/24. Excessive bleeding because of bullet injuries and shock was the reason of death. Because of death of Ashish, the offence is converted into section 302 of IPC. On completion of investigation, challan was filed against the accused persons under section 302, 302/34, 307 and 307/34 of IPC. Accused persons abjured the guilt and prayed for full fledged trial.

(3.) The court below by impugned judgment acquitted mother and sister of the appellant. The appellant was held guilty of committing offence under section 302 of IPC.