RANVEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant Ranveer Singh S/o Badri Singh Narwariya under Section 374 of Cr.P.C. being aggrieved by judgment and sentence dated 26.09.2017 passed by the Court of First Additional Sessions Judge to the Court of First Additional Sessions Judge Bhind in Sessions Case No.67 of 2007.

(2.) The case of the prosecution in short is that on 21.02.2007 at about 1.55 p.m. complainant Virendra Singh was travelling on his motorcycle from his village to Mehgaon when his elder brother Rajendra Singh was also on another motorcycle and was going to Mehgaon accompanied by pillion rider Virendra Singh Narwariya, who happens to be his maternal uncle, then on Bhind-Mehgaon road at Surajpura culvert close to the canal, Ranveer Singh Narwariya and his nephew Balveer Singh came out of bushes and confronted Rajendra Singh by coming in front of the motorcycle. Ranveer Singh was armed with 12 bore gun. When Rajendra Singh stopped his motorcycle, Ranveer Singh fired a shot at head, which had hit at his forehead and he had fallen down. Second shot was fired at Virendra Singh, which hit him on the left hand side of the chest. Then the complainant reached close to his brother but by that time both the assailants ran away in mustered fields. He got down from his motorcycle and saw his brother, who was lying on the road bleeding so profusely that he died. He took injured Virendra Singh on his motorcycle and reached Police Station to report the matter. It is mentioned that wife of Rajendra Singh namely Guddi had won the last election to the post of Sarpanch. Ranveer Singh wanted his wife to contest such electdion but since she could not contest the election, therefore, Ranveer Singh was showing signs of hostility towards his brother as a result of which his brother was murdered. Report (Ex.P/8) was lodged under the provisions of Sections 302, 307/34 of IPC.

(3.) During the investigation, Naksha Panchayatnama Lash (Ex.P/7) was recorded and body was sent for post mortem vide inquest (Ex.P/3). Post mortem report is Ex.P/4. Spot map is Ex.P/10 and Ex.P/5 respectively. MLC of deceased Virendra Singh is Ex.P/1. Seizure memo from the spot is Ex.P/9. Seizure memo of clothes of the deceased is Ex.P/16. Seized material was sent to State Forensic Laboratory Sagar, from where report Ex.P/17 and Ex.P/18 were received. 12 bore gun alongwith licence was seized from Ranveer Singh vide Ex.P/14 and thereafter charge sheet was filed under the provisions of Sections 302, 307/34 of IPC.