The main legal point established in the judgment is the reliance on corroborated evidence from witnesses, medical reports, and forensic science laboratory findings to establish guilt in a criminal case.

JUDGMENT :

VIVEK AGARWAL, J.

1. This criminal appeal has been filed under section 374(2) of the Criminal Procedure Code being aggrieved by judgment dated 5-1-2016 passed by the Additional Sessions Judge, Seondha, District Datia in Sessions Case No. 39/2004 (State of M.P. through Police Station Thareth, District Datia vs. Lallu alias Dashrath and one another), whereby the appellant has been convicted and sentenced under the provisions of section 302 of the Indian Penal Code (for short ‘IPC’) with life imprisonment and fine of Rs.200/- and other co-accused has been acquitted. The present appellant has also been acquitted of the charge under section 307 of Indian Penal Code.

2. Prosecution story in short is that on 15-10-2003 at about 9.00 A.M. near “Somla Ki Puliya” close to the road from Village Sikri to Rarua under Police Sation Thareth with common object caused death of Ratan Singh Baghel with .12 bore gun and .315 bore katta so also caused deadly injuries to his wife Sukhdevi.

3. Charges were framed against the appellant and co-accused. Appellant has been charged under sections 302 and 307 of Indian Penal Code, whereas co-accused Balveer and Raju Singh were charged under the provisions of section 302, 307/34 of Indian Penal Code and section 25(1-B)(a) of the Arms Act. It has come on record that during the trial co-accused Raju Singh absconded from Sub-Jail, Seondha on 15-5-2005 and perpetual warrant has been issued against him.

4. Prosecution has examined as many as 13 witnesses. This appellant has not examined any of the witnesses in defence though co-accused Balveer had examined three defence witnesses DW1 Umesh Kumar Sahu, DW2 Jamuna and DW3 Ballu.

5. Appellant had abjured his guilt and had prayed for fair trial.

6. PW4 Sukhdevi had got recorded dehati nalishi (Ex.P/9) on 15-10-2003 at about 11.30 A.M. at the spot of incidence narrating that on 14-5-2005 she had gone to Village Sikri to attend 13th Day Ceremony function at the house of Bhagoni Baghel (PW6) alongwith her husband Ratan Singh Baghel on his motor-cycle. On 15-10-2003 at about 8.30 A.M., both husband and wife and another person, namely, Laxmi wife of Baijnath Baghel (PW10) were travelling on said Rajdoot motorcycle from Village Sikri to Datia. When motor-cycle reached “Somla Ki Puliya” at about 9.00 A.M., Lallu son of Ramdas Baghel fired at her husband with .12 ‘addhi’, which had hit him in his left hand. Because of such firing, motor-cycle had fallen on the ground and when her husband ran away for his life, then Lallu and two of his accomplices, one of whom was having a katta, followed her husband. When she and Laxmi Bai tried to save her husband, then Laxmi Bai was pushed and Lallu with an intention to kill fired at her causing injury in her left thigh. Thereafter, all three accused persons took over her husband and threw him on surface. When Lallu was about to fire by keeping addhi on his chest, then she asked Lallu to leave her husband, then she was removed from top of her husband and Lallu and one of his accomplices fired 2-3 shots in chest of her husband, as a result, her husband died at the spot. Thereafter, Lallu and two of his accomplices ran away towards Village Bagheri. She said that she will identify accomplices if they are confronted. It is also mentioned that because of old enmity, her husband has been killed. She had narrated the incident to PW3 Kamlesh and PW7 Prakash Chandra, who had visited the spot.

7. On the basis of the aforesaid dehati nalishi (Ex.P/9) and FIR (Ex.P/16) was recorded. Vide Ex.P/14 requisition for medical of Sukhdevi was sent and vide Ex.P/13 requisition for post-mortem of Ratan Singh was forwarded. Copy of medical report of Sukhdevi is Ex.P/1, in which it has come that there was a small penetrating wound at centre of abrasion less than ½ cm diameter. Nature of wound and weapon was not clear as the margins were disturbed due to abrasion. Both the injuries were of less than 24 hours duration and she was advised X-ray as per the MLC