Decided on July 05,2005

Chittu Appellant
STATE OF M P Respondents


DILIP RAOSAHEB DESHMUKH,J. - (1.) THIS appeal is directed against the judgment dated 14 th July 1998 delivered by Shri Mahendra Rathore 4th Additional Sessions Judge, Bilaspur in Sessions Case No. 360/1992 whereby the appellants have been convicted under Section 302 I.P.C. read with Section 34 I.P.C. for committing murder of Purushottam on 18-2-1991 in village Jewra in furtherance of their common intention.
(2.) BRIEFLY stated the prosecution story is that Jawahar Pandey's house is situated in village Jewra. On 18-2-1991 he had gone to Bilaspur. Deceased Purushottam and Pahari P.W. 1 were guarding his house. The appellants came to the house of Jawahar at about 11.00 P.M. and asked Pahari P.W. 1 about the whereabouts of the owner. On being told that Jawahar had gone to Bilaspur, one of the appellants started smoking a Bidi. Pahari P.W. 1 went for attending a call of nature and at that time saw that the appellants had caught hold of Purushottam and were beating him. Pahari P.W. 1 went towards the house of Kanha seeking for help and started waking up the villagers. When Pahari (P.W. 1) alongwith Firanta (P.W.9) and the villagers reached the spot, Purushottam was lying dead in a pool of blood in the courtyard with several injuries in his chest and stomach. Appellants had run away. F.I.R. was lodged by Firanta P.W. 9 in Police Station Chowki Patharia on 19-2-1991. Panchnama of the dead body of Purushottam was prepared vide Ex. P.3 by Sub-Inspector Jagadish Prasad Gupta P.W. 12. Spot map Ex.P. 5 was got prepared by C.L. Tiwari, Patwari P.W. 6 on 17-5-1991. During investigation, it came to light that P.W.7 Janki Bai, wife of Purushottam had also seen the appellants in the lane in front of her house while running away from the place of occurrence.
(3.) POST -mortem on the dead body of Purushottam was conducted by Dr. A.K. Sanyal P.W. 10. As many as 19 incised wounds all over the body of Purushottam were found. Cause of death was opined to be homicidal due to hemorrhage and shock vide report Ex.P.9.;

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