At that time Dinesh PW 2 reached there while the shot was fired.
It emerged from the right side of the body and struck Krishna PW 6 who also happened to reach by that time.
There was numberreason for him and his family members to start pelting stones.
Rajendra died at the spot.
So his case was that since he was attacked by these boys, he called for help from his sons.
The bullet struck him in the left arm and passed through fleshy portion and then struck the back region and got embeded on the spinal companyd, ultimately resulting in paralysis.
Finding them number responsive Ram Kirpal, his two sons Ramesh and Rakesh and his wife Nonibai started pelting stones on deceased Rajendra and Kuldeep PW 1 .
He was medically examined next day after the incident and 5 injuries caused by blunt object were found on his person.
Originally his father Ram Kirpal, brother Rakesh and mother Nonibai also faced trial with him.
This shot struck Rajendra in the left iliac crest passing through the stomach region and damaged various internal organs.
Ram Kirpal asked Ramesh to shoot these boys, Ramesh then brought out a 12 bore gun and fired a shot at deceased Rajendra from a distance of about 5 paces.
Thereafter, Ram Kirpal asked his son Ramesh to get his gun from the house.
Ramesh brought out a gun and that gave rise to the firing.
The prosecution case based on the testimony of Kuldeep PW 1 , Krishna PW 6 , Dinesh PW 2 , Sureshwar Pandey, ASI PW 8 , who also happened to be present there and had witnessed the incident.
The respondent faced trial for alleged companymission of offences punishable under Sections 302 and 338 of the Indian Penal Code, 1860 in short the IPC .
The story of the first attack on Ram Kirpal did number find favour with the trial Court and the story of the prosecution was accepted, although presence of Sureshwar Pandey was number accepted by the trial Court and his testimony was found to be false.
ARIJIT PASAYAT, J. State of Madhya Pradesh calls in question legality of the judgment rendered by the Division Bench of the Madhya Pradesh High Court.
