MCRC-9967-2016. Case: Munna Singh Vs The State of Madhya Pradesh. High Court of Madhya Pradesh (India)

Case NumberMCRC-9967-2016
CounselFor Appellant: Pradip Katare, Counsel and For Respondents: Anjali Gyanani, Public Prosecutor
JudgesN.K. Gupta and Anand Pathak, JJ.
IssueArms Act, 1959 - Sections 25, 25(1B)(a), 27; Indian Penal Code 1860, (IPC) - Sections 147, 148, 149, 307, 323, 324
Judgement DateJanuary 09, 2017
CourtHigh Court of Madhya Pradesh (India)

Judgment:

  1. Heard on leave application.

  2. The applicant has preferred the present leave application against the respondents No. 2 to 8 relating to judgment dated 24/06/2016, passed by Additional Sessions Judge, Gohad, District Bhind in ST No. 201/2010, whereby respondents Jagdev Singh, Shivram Singh and Harendra Singh have been acquitted from the charges of Sections 148, 307 or 307/149 and 324/149 of IPC, whereas respondent Jagdev has also been acquitted from the charge of Section 25(1-B)(a) of the Arms Act, whereas the remaining respondents have been acquitted from the charges of Sections 147, 324/149 and 307/149 of IPC.

  3. Prosecution's case, in short, is that on 21/01/2010, election of Gram Panchayat was going on and voting was to be done at Primary School Building, Adhiyari Khurd in the jurisdiction of police station Mau. In that election, one Surmesh Singh (PW-2) and respondent- Jagdev Singh were the contestants for the post of Sarpanch. At about 2:30 pm Surmesh Singh (PW-2 went to polling booth. At that time, Harendra, son of Jagdev Singh went with a woman for casting a fake vote and the Presiding Officer removed that woman from the polling booth and thereafter, a quarrel started. The respondents had beaten Surmesh Singh, Rajendra Singh, Vijayram and Gurudayal. It was mentioned in the FIR Ex. P/4 that the respondents were armed with gun, axe and other weapons. It is alleged that respondent Jagdev Singh fired with a gun causing death of Surmesh Singh but some pellets had struck to victim Munna Singh (PW-13). Various injured persons were sent for their medico-legal examination. Dr. B. Argal (PW-1) examined Munna Singh (PW-13) and gave a report Ex. P/1. Only two injuries of pellets were found to him. He examined Rajendra Singh (PW-5) and Gurudayal Singh (PW-6) and gave reports Ex. P/2 and Ex. P/3. Some superficial injuries were found to them. Munna Singh was also referred for X-ray examination. Dr. Vivek Kumar Soni (PW-14) examined him radio-logically and gave a report Ex. P/24. Two radio opaque shadows were found on his chest and left forearm. Thereafter, the applicant Munna Singh was sent for treatment to Higher Hospitals. Dr. Amit Ojha (PW-15) examined him and one pellet was removed from his skin. However, he found eight injuries to the victim Munna Singh. After due investigation, the charge-sheet was filed.

  4. After considering the submissions made by learned counsel for the parties and looking to the evidence adduced by the...

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