HC upholds trial court’s sentence in murder case

Source: The Hitavada      Date: 06 Dec 2018 11:41:16


Legal Correspondent,

In the matter related to a murder case, the division bench of the Madhya Pradesh High Court comprising Chief Justice S K Seth and Justice Vijay Kumar Shukla upheld the decision and sentence accorded to the accused by the trial court. The bench stated that the appellant was liable for the murder of a 10-year-old boy on account of transferred malice and was rightly convicted and sentenced by the trial court. The court found no merit petitioner’s appeal and refused to interfere with the conviction and sentence awarded by the trial court. The appeal was dismissed The division bench of the MPHC heard the criminal appeal filed by Amit Tiwari alias Chhukki Bal alias Hukki Baj (22), resident of Nayagaon police station, Chitrakoot, Satna district.

The appellant was placed before the Sessions Judge, Satna to take trial under Sections 302, 307 of IPC and Section 27 of the Arms Act. He was convicted and sentenced under Section 302 IPC to rigorous imprisonment for life and fine of Rs 1000 with default stipulation, Section 307 IPC and 7 years’ Rigorous Imprisonment and fine of Rs 500 with default stipulation and under Section 27(1) Arms Act to 3 years’ Rigorous Imprisonment and fine of Rs 500 with default stipulation. The sentences were to run concurrently. After conviction and sentence, the appellant has appealed to the High Court.

The incident was reported at about 4 pm in the evening on November 12, 2007 in village Paldeo falling under Nayagaon police station in Chitrakoot. As per prosecution case, there was no love lost between the appellant and Babu Tiwari alias Narmada Prasad, resident of the same village. On the fateful day, because of previous animosity, the appellant shot at Babu Tiwari, who escaped and the bullet meant for Babu Tiwari hit Matroo alias Santosh, a young boy aged 10 years. He died on-the-spot.

Incident was witnessed by Gore Lal, father of the deceased. He immediately lodged the First Information Report in the Nayagaon police station naming the appellant. This set the investigation rolling. After the inquest, dead body was sent for post-mortem. Dr Sunil performed the autopsy and submitted the post-mortem report. Dr Sunil found that the cause of death was due to shock and haemorrhage, as a result of the gun shot injury. There was no doubt that deceased died a homicidal death.

After completing the investigation, police filed the chargesheet indicting appellant and his father, Rama Shankar for the offences as mentioned above and later for an offence punishable under Section 30 of the Arms Act. On due consideration of prosecution evidence, the trial court found accused persons guilty of the offences, leading to their conviction. Appellant was sentenced to life sentence and concurrent jail terms. The appellant’s father, Rama Shankar was convicted under Section 30 of the Arms Act and was sentenced to pay only the fine amount, which he paid without preferring any appeal. The conviction of appellant rested on the direct evidence of Gore Lal, Shiv Mohan, Sharda Prasad and Narmada Prasad.

These witnesses supported each other and the prosecution story as set out in the FIR; and their presence at the time of the incident was not doubted. Nothing came out in the cross-examination. It was hence clear from the evidence that appellant armed with his father’s gun opened fire, causing gunshot injury to the deceased as proved by the medical evidence. The weapon of offence that is the gun and an empty cartridge was recovered and seized from the spot. Thus, on due consideration of the evidence available on record, the court found no infirmity with the finding of the trial court on this count, the division bench stated.