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(4) Complainant Bhupendra Singh Raghuvanshi (PW-1) took all the injured persons to the Police Station Bajrang- garh and lodged a marg intimation Ex.P-1 and FIR Ex.P-2 from where the injured persons were sent for their medico- legal examination and the dead body of the deceased Govind Singh was also sent for post mortem. Dr. P.K. Sharma (PW-15) examined Uttam Singh (PW-8), Raghuveer Singh (PW-2) and Vijay Singh @ Mannu (PW-11) and gave his reports Ex.P-64 to P-66. He found various injuries caused by the pellets discharged from the firearms to these persons. Dr. Manish Jain (PW-5) examined Shivram Singh (PW-4), Babulal, Parmal Singh (PW-13), Ravindra Singh, Ratan Singh, Manna (PW-3) and gave his reports 6 Criminal Appeal No.172/2007 Ex.P-8 to Ex.P-13. Victims Raghuveer Singh (PW-2), Vijay Singh @ Mannu (PW-11) and Uttam Singh (PW-8) were sent for their X-ray examination. Dr. Sitaram Singh Raghuvanshi (PW-19) examined them radiologically and gave his reports Ex.P-125, 117 and 131 respectively. No fracture was found to these persons. No vital part was mainly found broken but radio opaque shadows of pellets were found in the body of these three persons at various places. It was opined by Dr. Sitaram Singh Raghuvanshi (PW-19) that Vijay Singh @ Mannu (PW-11) sustained haemorrhagic fluid effusion in the right lung and there was surgical emphysema that could be caused due to hole in the lung and due that hole air was collected out of the lung. Victims Vijay Singh @ Mannu (PW-11), Uttam Singh (PW-8), Raghuveer Singh (PW-2) were referred to the Choithram Hospital, Indore and on 01.11.2005 they were examined by Dr. Ganesh Sugra (PW-22) who found various injuries of pellets superficial in nature. (5) Dr. P.K. Sharma (PW-15) performed the post mortem on the body of the deceased Govind Singh. He found as many as 25 wounds caused by the pellets on his body and therefore he prepared a picture of such injuries in post mortem report Ex.P-14. According to him, due to injuries of pellets, heart, both the lungs, brain and omentum of the deceased were found damaged and due to rupture of these vital parts of the body, he died. The Police examined various witnesses. The accused appellants were arrested and the firearms were recovered from appellant Hariom, Bhure Singh, Hukum Singh, Lallu @ Surendra Singh, Suresh Singh, Rajesh Singh etc. whereas Farsa, Ballam or sticks were recovered from various other accused persons 7 Criminal Appeal No.172/2007 like Radheshyam, Ram Singh, Neta @ Naredra, Chandu @ Chandrabhan, Setu @ Satendra Singh, Dalup @ Dilip Singh etc. All the seized articles along with other articles seized from the concerned doctor like blood stained clothes, blood stained soil etc were sent to the Forensic Science Laboratory by letter Ex.P-139. The report of FSL Ex.P-140 was also filed before the Trial Court. A report Ex.P-141 was also filed relating to various firearms and ammunition. After due investigation, the charge-sheet was filed before the Judicial Magistrate First Class, Guna who committed the case to the Sessions Court and ultimately it was transferred to III Additional Sessions Judge (Fast Track), Guna (M.P.).

(12) This case is having sufficient number of injured persons and sufficient number of accused persons and therefore in order to avoid the complexity of the discussion, it would be appropriate to consider the points in a sequence. It should be considered as to whether the death of the deceased Govind Singh was homicidal in nature? Whether victims Raghuveer Singh Raghuvanshi (PW-2), Vijay @ Mannu (PW-11), Uttam Singh (PW-8) and Shivram Singh (PW-4) have sustained any fatal injury. It is to be examined as to who assaulted the particular victim 10 Criminal Appeal No.172/2007 and what is the crime constituted against that person who assaulted the particular victim. Thereafter, whether the appellants could be convicted for the aforesaid offences with the help of common intention or common object and whether unlawful assembly was constituted and some of the persons had deadly weapons in that unlawful assembly. (13) Dr. P.K. Sharma (PW-15) has performed the post mortem on the body of the deceased Govind Singh and gave a report Ex.P-14. He found 25 firearm wounds on the body of the deceased caused by pellets. Three pellets were found in the body of the deceased and those were removed and given to the police for their ballistic examination. Heart, brain, both the lungs, liver and omentum were found damaged due to impact of pellets and therefore due to damage of these vital parts of the body, deceased Govind Singh died. According to Dr. P.K. Sharma (PW-15), death of the deceased Govind Singh was homicidal in nature. There is no reason to disbelieve Dr. P.K. Sharma (PW-15) and hence looking to so many injuries, death of the deceased Govind Singh is proved to be homicidal in nature. Dr. P.K. Sharma (PW-15) examined victims Uttam Singh (PW-8), Raghuveer Singh Raghuvanshi (PW-2), Vijay @ Mannu (PW-11) and gave his reports Ex.P-64 to P-66. According to him Uttam Singh (PW-8) sustained four injuries of firearm on his right buttock whereas five wounds were found on his chest and abdomen. Wounds were also found on left forearm and right elbow. Victim Uttam Singh (PW-8) was referred for radiological examination. Dr. Sitaram Singh Raghuvanshi (PW-19) examined him radiologically and gave his report Ex.P-131. No fracture was found to the victim Uttam Singh (PW-8) 11 Criminal Appeal No.172/2007 whereas one radio opaque shadow was found on the right elbow. Two such shadows were found on abdomen. Two such shadows were found on the pelvic region and one on the chest. Such shadows should be caused due to presence of small pellets.

19) and Dr. Ganesh Sugra (PW-22), none has opined that injuries caused to the victim Uttam Singh (PW-8) were fatal in nature. Hence, the prosecution has failed to prove that injuries caused to victim Uttam Singh (PW-8) were fatal in nature.

(15) Dr. P.K. Sharma (PW-15) has also examined the victim Raghuveer Singh Raghuvanshi (PW-2) and gave his report Ex.P-65. One firearm injury was found near his left eye. Two injuries on right chest, four injuries on left upper arm and four injuries on right arm were found by Dr. P.K., Sharma (PW-15) which could be caused by pellets. Dr. Sitaram Singh Raghuvanshi (PW-19) examined the injured Raghuveer Singh Raghuvanshi (PW-2) radiologically and gave his report Ex.P-125. He found nine radio opaque shadows on the corresponding portion of the body where Dr. P.K. Sharma (PW-15) found the injuries of pellets, however, no fracture was found to the victim Raghuveer 12 Criminal Appeal No.172/2007 Singh Raghuvanshi (PW-2). Raghuveer Singh Raghuvanshi (PW-2) was also referred to Choithram Hospital, Indore, however, Dr. Ganesh Sugra did not opine in his report Ex.P- 137 that any of the injuries caused to the victim Raghuveer Singh Raghuvanshi (PW-2) was fatal in nature. No bed- head ticket or surgical report was produced before the trial court to show that some surgery was done to the victim Raghuveer Singh Raghuvanshi (PW-2) or any vital part of his body was found damaged, hence, the prosecution has failed to prove that the victim Raghuveer Singh Raghuvanshi (PW-2) sustained any fatal or grave injury.

(16) Similarly, Dr. Manish Jain (PW-5) examined injured Shivram Singh (PW-4) and gave his report Ex.P-8. He found one lacerated wound 7 cms above left heel, one lacerated wound on left knee. Shivram Singh (PW-4) was complaining of pain on right shoulder but no injury was found. According to Dr. Manish Jain (PW-5), injuries caused to Shivram Singh (PW-4) were simple in nature. It is not mentioned by Dr. Manish Jain (PW-5) that any of the injuries caused to the victim Shivram Singh (PW-4) was caused by gunshot. Shivram Singh (PW-4) was not referred for his radiological examination or admission. Hence, it would be apparent that the victim Shivram Singh (PW-4) sustained simple injuries.