N.K. Gupta, J. - (1.)The appellant has preferred the present appeal against the judgment dated 29.07.2006 passed by the Additional Sessions Judge, Karera, District Shivpuri in S.T. No. 197/2004, whereby the appellant has been convicted of the offence under Section 302 read with Section 34 of IPC and sentenced to life imprisonment with fine of Rs.1,000/-.
(2.)Prosecution's case, in short, is that on 10.10.2002 at about 11:30 AM the complainant Udaybhan Singh (PW-1) had lodged a Dehati Nalishi Ex. P-1 that approximately at about 08:00 AM in the morning, he along with the deceased Rameshwar went to Jamuniya Wala well for irrigation at village Dawni. After starting the motor, the complainant Udaybhan went to graze the cattle, whereas Rameshwar was irrigating the fields. After few minutes, Halke son of Lakhan contacted the complainant Udaybhan that accused Veerendra and his companion have killed the deceased Rameshwar and his body was thrown into the well. Udaybhan went to the spot and found that the deceased Rameshwar was lying in the well. Near the well 3-4 empty cartridges were found lying. Udaybhan informed the various villagers. The complainant had also mentioned in Dehati Nalishi Ex. P-1 that there was enmity of the deceased with the accused Veerendra Singh. Reason of enmity was shown that one Sunita sister of the deceased Rameshwar was absconding since 4-5 years and there was a doubt that she absconded with the accused Veerendra and, therefore, Veerendra along with his companion killed the deceased Rameshwar. Dehati Nalishi Ex. P-1 was written by Sub-Inspector R.K. Chhari (PW-8) and, thereafter it was transmitted for the registration of the case. FIR Ex.P-5 was registered at the police station Sehore District Shivpuri. Sub-Inspector R.K. Chhari (PW-8) after completing the formalities sent the dead body of the deceased for postmortem. Dr. N.S. Chauhan (PW-9) performed the postmortem on the body of the deceased and gave a report Ex. P-9. He found as many as six injuries to the deceased and all of them were caused by fire arm. Injury No. 1, 3, 5 and 6 were entry wounds whereas injury No. 2 and 3 were exit wounds. Two pellets were found in the body, in which one was bigger one and one pellet was smaller one. Right lung of the deceased was ruptured from various places and, therefore, the deceased died.
(3.)Sub-Inspector R.K. Chhari thereafter took the blood stained soil and plain soil from the spot and also took the empty cartridges from the spot and a seizure memo Ex. P-4 was prepared. A spot map Ex. P-8 was also prepared. Ultimately all the articles recovered from the spot as well as received from the hospital were sent for forensic science examination, however, no report of Forensic Science Laboratory was filed during the trial. After due investigation, the charge-sheet was filed before the JMFC, Karera, who committed the case to the Court of Sessions and ultimately it was transferred to the Additional Sessions Judge, Karera.