The central legal point established in the judgment is the assessment of intent behind firearm injuries and the credibility of witness statements in determining the appellant's guilt for murder and attempt to commit murder.

JUDGMENT

1. The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) (for brevity 'Cr.P.C.') being aggrieved by the judgment dated 13/5/2014 passed by the Court of Additional Sessions Judge/Special Judge, Guna to the Court of First Additional Sessions Judge, Guna, District Guna (Madhya Pradesh) in Sessions Case No.183/2012, whereby the appellant has been convicted for the offences punishable under Sections 302, 307 (3 counts) of Indian Penal Code (for brevity 'IPC') and under Section 25 (1) (A) and 27 of the Arms Act and sentenced him as under:-

2. The prosecution case in brief is as follows:-

(i) On 22/1/2012 at about 20:20 hours, complainant- Gopal Krishna Sharma made an oral complaint to the effect that at about 19:30 hours, when he alongwith his nephew Anil Sharma and Shailendra Sharma was coming on his foot from Old Sabji Mandi and reached in front of Rajshri Hotel, District- Guna, a quarrel was already going on there between Ravi Raghuvanshi, Rinku Raghuvanshi & Shailendra Raghuvanshi and appellant Parmal Raghuvanshi, co-accused Santosh Raghuvanshi & Sarnam Raghuvanshi. Alongwith the appellant Parmal, co-accused Santosh and Sarnam, two more persons were also there, and on confrontation, he would identify them. Appellant Parmal was hurling filthy abuses and fired twice from his pistol, out of which one bullet hit on the right thigh of Ravi Raghuvanshi. On seeing the complainant and his nephew coming there, appellant Parmal and co-accused Santosh by hurling filthy abuses told the complainant that he is exceeding/doing over Councillorship (Bahut Parshadi Karta Hai). Thereafter, appellant Parmal fired towards complainant, which hit the chest of the complainant's nephew Anil Sharma, due to which he had fallen on the ground. Co-accused Santosh was also carrying a pistol and fired twice towards complainant and Shailendra Raghuvanshi, which passed above the head of the complainant and by the side of Shailendra Raghuvanshi. Thereafter, all the assailants fled away from the spot by hurling filthy abuses. Complainant alongwith others took his nephew Anil Sharma to the hospital in a vehicle, where after check-up he was declared dead.

(ii) On the basis of aforesaid oral complaint made by the complainant, SI, S.K. Chaudhary lodged the FIR, Ex.P/1, against appellant Parmal, co-accused Santosh & Sarnam alongwith two other unknown persons at Police Station Kotwali Guna, District- Guna. On 22/1/2012 itself, injured Ravi was sent to District Hospital Guna for medical examination, where at about 20:00 hours, Dr. D.S. Rana medically examined him and found two punctured lacerated wounds on his right upper thigh, caused by firearm, within 6 hours of medical examination as per MLC report, Ex.P/7.

(iii) On the same day, Senior Scientific Officer, Scene of Crime, Mobile Unit, District Guna Dr. R.C. Ahirwar alongwith SI, S.K. Chaudhary, inspected the spot and gave his report, Ex.P/12. SI, S.K. Chaudhary prepared the spot map, Ex.P/5, and seized two fired empty cartridges, Articles A-1 & A-2, and one live cartridge, Article A-3, vide seizure memo, Ex.P/8, from the place of incident.

(iv) On 23/1/2012 at about 9.00 hours, SI, S.K. Chaudhary went to District Hospital Guna, called the witnesses issuing Safina form, Ex.P/2, prepared Naksha Panchayatnama, Ex.P/3 of the body of the deceased Anil Sharma and sent the same for postmortem examination vide letter, Ex.P/11. On the same day, at about 10:30 hours, Dr. P.N. Dhakad alongwith Dr Maneesh Jain, conducted the postmortem examination of the body of the deceased and found one star shaped pallet wound on left side of his chest alongwith other injurie