ASHOK KUMAR JOSHI,SANJAY YADAV, J. - (1.)Applicant/State has filed application u/s. 378 (3) of the Cr.P.C for grant of leave to appeal against judgment dated 11.1.2018 passed by the Additional Judge to the Court of First Additional Sessions Judge, Guna in S.T. No. 91/2012, whereby each of the present respondents no. 1 to 6 has been acquitted from the charge of Sec. 307/149, 148 of the IPC.
(2.)Prosecution's story in brief is that complainant Parmal Singh (PW-6) submitted a written application on 5.10.2010 at Police Station that on that day when in the noon his brother Surendra Singh by his motorcycle reached to his agricultural land, he was beaten by 8 to 10 persons by sticks, farsa, axes and lohangis and when Surendra tried to escape, then fire arms injuries were also inflicted to him. After receiving information at his house, when complainant reached to field then he found that seriously injured Surendra Singh was lying there in unconscious state and assailants have fled away. Thereafter, a tractor was arranged for carrying injured to District Hospital, Guna. After gaining senses injured Surendra Singh disclosed the names of present respondents no. 1 to 6 as assailants. Dr. Sudheer Rathore (PW-2) examined injured Surendra Singh and recorded MLC (Ex. P-3). All his three lacerated wounds each of size having diameter of 1 cm and blackening was also found and other lacerated wounds, contusions and an abrasion of face were also found and radio-logical examination was advised for all injuries. In X-ray report fractures of ribs were found but as radiologist he has not reported about radio-opaque shots of metallic density, therefore, in reply to querry-letter sent by investigating officer, Dr. Sudheer Rathore replied that above mentioned lacerated wounds over which blackening was found, were not appearing to be caused by firearms.
(3.)In the investigation conducted by Ashish Sapre (PW-2) licensee 12 bore gun was seized from each of the respondent no. 1 Ramvaran and no. 2 Kanhai Singh. After completing formalities of the investigation, chargesheet was filed before the court of JMFC, Guna and committed the arisen case to Sessions Judge, Guna, who transferred Sessions Trial to above mentioned trial court.