Appellants have filed this appeal under Section 374 of the Code of

Criminal Procedure, 1973 (hereinafter referred to as “the “Cr.P.C.”),

against the judgement dated 16.11.2017 passed by the 10^th Additional

Sessions Judge, District-Ujjain (M.P.) in Sessions Trial No.379/2015,

whereby learned Trial Court has convicted and sentenced the appellants

as under :-

S.

No.

Conviction

Sentence

Imprisonment

Fine

amount

Additional

imprisonment

in default of

payment of fine

Appellant – Mansa @ Mansu

1

302 of IPC

Life

imprisonment

Rs.5,000/-

RI for 04 months

Appellant – Govind Singh

1

302/34 of IPC

Life

imprisonment

Rs.5,000/-

RI for 04 months

Case of the prosecution in nutshell is that on 23.03.2015 at 9.00

PM, when complainant Ramu Bai (PW/1) and her son/deceased Devi

Singh were sitting in Otala (i.e. a platform) present in front of the house

of Dhapu Bai situated in front of the home of deceased, at village Borda

Dhakad, Police Station Kayetha, District Ujjain (M.P.), the appellants

came there by motorcycle. Appellant Govind Singh was riding the

motorcycle and appellant Mansa @ Mansu was pillion rider. Appellant

Mansa @ Mansu had fired gun three times on the deceased. Due to

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gunshot injuries, the deceased fell down. The appellants fled away

towards the house of Karan Singh. Ramu Bai (PW/1) raised alarm by

shouting, hearing to which Anil Dhakad (PW/3) and other persons came

there. The inured/deceased was taken to the hospital at Dewas. The

doctor declared him dead. After receiving information, SHO Munni

Parihar (PW/14) went to the house of the deceased and lodged a dehati

nalisi (Ex.P/1), on the basis of the information given by Ramu Bai

(PW/1). On the basis of dehati nalisi (Ex.P/1), an FIR was lodged at

Police Station Kayetha on the same night. A merg intimation (Ex.P/25A)

was also registered at Police Station Dewas on the basis of intimation

(Ex.P/25) received from Dewas hospital. On the basis of merg intimation

(Ex.P/25A), a merg (Ex.D/3) was lodged at Police Station Kayetha.

3.

ASI Sanjay Saurashtre (PW/13), Police Station Dewas went to

mortuary room of Dewas hospital. He issued notice (Ex.P/26) and

prepared Lash Panchnama (Ex.P/27) in the presence of witnesses. ASI

Sanjay Saurashtre (PW/13) has issued request letter (Ex.P/8) to the

District Hospital, Dewas for post-mortem. Dr. Tariq Ahmad Sheikh

(PW/8) conducted post-mortem on 23.02.2015 at 10:00 AM and prepared

post-mortem report (Ex.P/9). During post-mortem, he preserved and

sealed a bullet and 2 pellets which were found in the wounds present on

the body of the deceased. He also preserved and sealed skin of both

hands, head, chest, left leg and clothes of the deceased and handed over

the same to the concerned constable. On 01.04.2015, HC Narendra Singh

(PW/5) seized sealed packets produced by constable Ashok Dubey from

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District Hospital, Dewas and prepared seizure memo (Ex.P/5).

4.

During investigation SHO Munni Parihar (PW/14) on 23.02.2015

at about 08:00 AM inspected the place of incident in presence of Laxman

(PW/4) and prepared a spot map (Ex.P/4). On the same day at 10:30 AM,

she seized blood stained soil, simple soil and 3 empty cartridges from the

spot and prepared seizure memo (Ex.P/24A). SHO Munni Parihar

(PW/14) arrested appellant Mansa @ Mansu on 24.03.2015 at 10:10 PM

and on 02.04.2015 at 09:00 AM accused Govind Singh vide arrest memo

(Ex.P/18 and P/19, respectively). Disclosure memos (Ex.P/20, P/21 and

P/2, respectively) of appellant Mansa @ Mansu were prepared. On the

basis of disclosure memo (Ex.P/2), SHO Munni Parihar (PW/14)

recovered a country-made pistol at the instance of accused Mansa @

Mansu on 01.04.2015 at 10:45 AM vide seizure memo (Ex.P/3). On

02.04.2015 at 08:40 AM, she seized a motorcycle bearing registration

No.MP-41-MH-1603 from accused Govind Singh vide seizure memo

(Ex.P/22).

5.

On the request of SHO Police Station Kayetha and under direction

of Tehsildar Tarana, Halka Patwari Sanjay Lalawat (PW/7) went to the

place of incident and prepared a spot