RAJESH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants-accused have preferred this appeal under Section 374(2) of Cr.P.C. against the judgment and order dated 05/10/2005 passed by the Sixth Additional Sessions Judge (fast track) Bhind in S.T. No.200/2002, whereby appellant No.1- Rajesh has been convicted under Sections 302 / 34 and 354 / 34 of the IPC and sentenced to suffer rigorous Life Imprisonment in the former count and one year rigorous imprisonment in the latter count respectively and appellant No.2-Karu @ Kalicharan has been convicted under Section 302 and 353 of the IPC and sentenced to suffer rigorous Life Imprisonment in the former count and one year rigorous imprisonment in the latter count respectively.

(2.) The prosecution case, in brief, is that on 22/06/2002 at around 9:20 pm at Village Karera, one police party with complainant B.P. Dwivedi (PW-16) the Assistant Sub Inspector of Police Station Baraso, went to investigate the murder of Gyan Singh committed in village Karera on the same day. There the police party got an input that assassin of Gyan Singh, Lakhan Singh Gurjar and his accomplice, who had friendly relationship with the present appellants, were present in their house. On receiving such information, complainant-B.P. Dwivedi (PW-16) and other police personnel as referred in para 2 of the impugned judgment went to the house of the present appellants for inquiry. Over the roof of the house, 5-6 people were seen in the torch-light. Amongst them appellants Rajesh and Karu @ Kalicharan were also present. Kalicharan had 12 bore double barrel gun. When they were asked to step down, appellant No.1-Rajesh started hurling abusive language at the police party and he alongwith other males and females (of the house just opposite to his house) started throwing bricks and stones at the police party. Meanwhile, appellant No.1-Rajesh was asked to open the door and in return, all the accused started exhortation with abusive language. Appellant No.2-Karu @ Kalicharan with intention to kill, fired one gun shot from the rooftop which went into vain. At the same time, Head Constable Sanjeev Bhadoriya (since deceased) who was standing in the corridor came out in the Gali and asked Karu @ Kalicharan not to fire and asked him to come down. In response to which Lakhan Singh fired one gun shot which resulted into hairline escape. Head constable- Sanjeev Bhadoriya with rifle, tried to combat with them, but appellant No.2- Karu @ Kalicharan fired another gun shot which hit the head constable-Sanjeev Bhadoriya, killing him on the spot.

(3.) Dehati Nalshi (Ex.P-16) was noted down by ASI B.P. Dwivedi (PW-16). Later, the crime was registered vide FIR Ex.P-8 in Police Station Baraso at Crime No.17/2002. Safina (Ex.P/2) was issued and Lash Panchnama of the deceased was prepared. Blood stained soil, plain soil, pieces of bricks, scratches of cement, sand and broken bones of skull of the deceased, one licence gun and empty cartridge were seized vide seizure memo (Ex.P-2). Spot map Ex.P-11 was prepared and dead body of Sanjeev Bhadoriya was referred to for autopsy. Dr. K.P. Rajoriya (PW-19) and Dr. R.K. Taneja (PW- 20) conducted postmortem on the body of the deceased and gave postmortem report Ex.P-18. In the course of investigation from the of appellant No.2-Karu @ Kalicharan, one 12 bore double barrel gun with two live cartridges were seized vide seizure Ex.P-3 and case diary statements were recorded.