JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – Present criminal appeal has been filed by appellant Kuldeep Singh Rajawat, challenging the judgment of conviction and sentence dated 13th May, 2011, passed by First Additional Sessions Judge to the Court of Special Judge and First Additional Sessions Judge, Bhind (MP) in Sessions Trial No. 164 of 2007, by which he has been convicted under section 302 IPC and sentenced to undergo Life Imprisonment with a fine of Rs. 2,000/-; with default stipulation.

2. Prosecution case, in short, is that on 1-5-2007 at about 11:00 a.m., Pramod Kumar Sharma (PW9) along with his brother (deceased Sanju alias Shyamsunder) and one of relatives, namely, Ramesh Kumar Sharma (PW6) had gone from his house situated at Chaturvedi Nagar, Bhind to Lahar and after he left deceased Sanju and Ramesh Kumar Sharma, at Lahar Chaurah, he proceeded to his Office. At that time, accused Kuldeep along with co-accused persons Mauni and Toni, on a motorcycle came there and juvenile co-accused Kuldeep, who was having a mouser rifle (315 bore gun) and Mauni Tomar, who was having a gun, got off from said motorcycle and told to the deceased Sanju to discuss something with him and took him away to an empty shop of one Mahendra Sharma. At there, accused Kuldeep caused fire at the right side of chest of deceased Sanju and co-accused Mauni caused fire by means of gun at the right side of deceased Sanju. On hearing hue and cry of Pramod Kumar Sharma (PW9) and Ramesh Kumar Sharma (PW8), accused Kuldeep along with juvenile co-accused Mauni and Toni, thereafter, fled away from the spot on the motorcycle. When both Pramod and Ramesh saw the incident, they found Sanju in dead condition. At that time, Brajendra Sharma (PW5) and Rakesh Kumar Sharma (PW7) who reached there, saw all the accused were fleeing from the spot. There was a distance of half kilometers from the place of occurrence to the Police Station Dehat, District Bhind and after 15 minutes of the incident, Sub-Inspector of Police RS Kushwah (PW10) reached the spot along with Head Constable Devprakash (PW1) and Constable Ramkishore. On receiving information from Pramod Kumar Sharma (PW9), a Dehati Nalishi was recorded at about 11:20 a.m. and on basis of Dehati Nalishi, Crime No. 127/2007 was registered at Police Station Dehat, District Bhind at about 11:45 a.m. Head Constable Gaurishankar (PW11) on 1-5-2007 at about 11:50 a.m., also recorded Merg No. 31/2007.

3. The matter was investigated by Sub-Inspector of Police, RS Kushwah (PW10) and during investigation, spot map was prepared. In the presence of witnesses Pramod Kumar Sharma (PW9), Ramlakhan, Homsingh, Neeraj and Uday Shankar, Panchnama of dead body of the deceased was prepared. Bloodstained soil and plain soil were seized from the spot and bullet of 315 bore gun/pistol was seized and sealed the same. Thereafter, the dead body of deceased was brought to Bhind Hospital through Constable Devprakash (PW1) along with the application form for conduction of postmortem of deceased. On the same day, at about 01:15 p.m., Dr. Ravindra Chaudhary (PW4) conducted postmortem of deceased in District Hospital Bhind and he found an entry wound on the outer part of right arm of the deceased, an exit wound on the internal part of arm, an entry wound caused by firearms below the armpit towards the right side of the chest and ruptured wound on the chin and the right elbow. On internal dissection, the lungs, liver, intestine, abdomen and kidney were found ruptured and their pieces found scattered inside of the body of deceased. Sixth, seventh and eighth ribs of right side of chest of the deceased were found fractured and six particles of bullet were found inside the chest of deceased. The said particles were taken out from the body of the deceased and sealed and packed. There were also holes of gunshots on the shirt of the deceased and said shirt and other clothes were handed over to the constable which were produced by Constable Devprakash (PW1)