Surajpal S/o Raghuvar Rajput vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SUJOY PAUL, VIVEK JAIN
Surajpal S/o Raghuvar Rajput – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
For the Appellant : Saurabh Singh
For the Respondent: Yogesh Dhande

JUDGMENT :

VIVEK JAIN, J.

1. This appeal under section 374(2) of the Code of Criminal Procedure (for brevity “Cr.P.C.”) has been filed by the appellant against the judgment of conviction and order of sentence dated 09.01.2013 passed by the First Additional Sessions Judge, Chhatarpur in Sessions Trial No.189/2011, whereby appellant has been convicted for offence punishable under section 302 of Indian Penal Code (IPC) and sentenced to undergo Life Imprisonment and fine of Rs.2,000/- under Section 25(1-B)(a) of the Arms Act and sentenced to undergo R.I for one year and fine of Rs.1,000/- and under Section 27 of Arms Act and sentenced to undergo Rigorous Imprisonment for 3 years and fine of Rs.1,000/- with default stipulations.

2. The prosecution case in brief is that a Dehati nalish (Ex.P/1) was lodged on 20.03.2011 at 9:20 PM by Kamlesh (Pw-1). In the said Dehati nalish it was mentioned that on 20.03.2011 at about 9:00 PM, the complainant Kamlesh along with his younger brother Ramnarayaran and nephew Vinod were sitting on roof of their house and at that time the present appellant Surajpal fired one gun shot which hit Ramnarayan (deceased) in upper part of waiste (right side of lower che