(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 28/4/2009 passed by learned Special Judge appointed under Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (hereinafter referred to as "the Adhiniyam"), Gwalior in Special Case No. 6708 convicting the appellant under Section 302, 394 of IPC as well as under Section 13 of the Adhiniyam and thereby sentencing him to suffer life imprisonment and fine of Rs. 500/-, seven years RI and fine of Rs. 500/- and three years RI respectively, in default of fine, further RI of 50 days with further stipulation that all the sentences shall run concurrently, this appeal has been preferred under Section 374 (2) of Code of Criminal Procedure, 1973.
(2.) In brief, the case of prosecution is that on 31/10/2007 at 8.15 p.m., complainant-Hemant Kumar Joshi along with his brother-in-law Ramkishan and father-in-law Ram Gopal came to Police Station Dabra and lodged the report that he is a resident of village Arru and having his house in meat market at Dabra. His father Durga Prasad (herein after referred to as "the deceased") is employed on the post of Compounder in Government Hospital. On 31/10/2007 his father after his duty hours went to the village, at that juncture, complainant was supervising the crop of 'Paddy', later on complainant and the deceased came to Dabra, where complainant alighted at his house and the deceased went to village Arru on the motorcycle. On the way nearby Jaggu key Cheer some unknown persons in order to kill the deceased, fired the gun and the bullet hit the chest of the deceased. The younger brother of the complainant-Vijay brought his father to the hospital along with villagers of the village. On coming to know about the factum of murder of his father, complainant also went to the hospital, where his younger brother informed about the incident. On examining the deceased by the complainant he found him to be dead.
(3.) On the basis of such information of complainant, Merg case under Section 174 of the Cr.P.C. was registered and thereafter, FIR was also registered. The investigating agency after investigating the matter, submitted a charge sheet against the appellant and also against co-accused Santosh Kushwah.