Decided on December 23,2005

Dharmendra Mourya Respondents


V.K.SHRIVASTAVA,J. - (1.) THIS appeal has been directed against the judgment dated 25 -8 -1988 passed by IInd Additional Sessions Judge, Bilaspur in Sessions Trial No. 30/88, whereby learned IInd Additional Sessions has acquitted the accused/ respondent No. 1 with the offence punishable under Sections 302 of IPC for committing murder of Balwant Singh and acquitted the accused/respondent No. 2 for the commission of offence of murder of Balwant Singh punishable under Section 302 read with Section 34 of the Indian Penal Code.
(2.) FACTS essentially required for disposal of this appeal in brief compass are that, Jai Singh and Smt. Gyan Kaur, who are the father and mother of the deceased Balwant Singh, were living in a rented accommodation owned by Kalicharan, who is the grand father of respondent No. 1, Dharmendra Mourya. The relationship of landlord and tenant was old but for the last 4 years there was dispute between landlord and tenant and as a result thereof various proceedings were initiated against both the parties. Owing to this, respondent No. 1, Dharmendra Mourya developed ill - will and enmity against Balwant Singh. On 18 -6 -1987, Balwant Singh along with his father and mother was in the house. At about 4.30 P.M. Balwant Singh came out of the house for collecting dried cowdung. Smt. Gyan Kaur and Jai Singh were remained inside the house. When Balwant Singh hardly had moved few steps from his house, he was intercepted and got encircled by the respondents. Respondent No. 2, Munna Lohar alias Devendra Kumar caught hold of Balwant Singh from back and respondent No. 1, Dharmendra Mourya stabbed him with a sharp edged weapon Gupti (one of the kinds of knife). Balwant Singh raised alarm. On hearing the cries, Smt. Gyan Kaur followed by her husband Jai Singh reached to the place of occurrence. Sint. Gyan Kaur and Jai Singh saw the respondents running away from the place of incident. Balwant Singh, who was injured but alive, stated that Dharmendra Mourya and Munna Lohar alias Devendra Kumar have assaulted him by means of a Gupti. Sint. Gyan Kaur took Balwant Singh to Government Hospital in a Rickshaw. The doctor, after examining Balwant Singh, declared him dead.
(3.) MEDICAL Officer sent information to Station House Officer, City Kotwali, Bilaspur about the death of Balwant Singh at 7.45 P.M. On basis of that information, Merg intimation was recorded and N.R. Arya, Sub -Inspector of Police went to Government Hospital, Bilaspur, where Smt. Gyan Kaur was present, who lodged an FIR. N.R. Arya, Sub -Inspector recorded the same as Dehati Nalishi. On 19 -6 -1987, Town Inspector Ratan Singh Thakur prepared a Panchnama of the dead body and sent the dead body for autopsy. Dr. S.K. Tiwari conducted postmortem on the body of the deceased Balwant Singh. On examination, he found one stab wound of the size of 3 ems. x 1 cm. x 6 cms. deep present on right side of liver. Internal examination was also done by him. He opined that the deceased Balwant Singh died as a result of intensive bleeding and shock due to stab wound on abdomen wall resulting into liver injury. On memorandum statement and at the instance of respondent No. 1, Dharmendra Mourya, Gupti and one Bushirt were recovered and seized from him. Full pant from the body of respondent No. 1, Dharmendra Mourya was removed and seized along with shoes, socks and his finger nail. The seized Gupti was sent to Medical Officer for examination and opinion. Dr. S.K. Tiwari, after examining the Gupti (knife) opined that the injury found on the body of the deceased Balwant Singh could have been caused by the seized Gupti. To support the factum of ill -will and animosity, copies of various reports and judgment of Civil Court were collected and seized and also obtained site plan prepared by Patwari. Witnesses were examined under Section 161 of the Code of Criminal Procedure. After completion of the investigation, a charge -sheet against the respondents was led in the Court of Chief Judicial Magistrate, Bilaspur, who committed the case to the Court of Session for trial. Learned Trial Court framed charges under Section 302 of the Indian Penal Code against respondent No. 1, Dharmendra Mourya and Section 302 read with Section 34 of the Indian Penal Code against respondent No. 2, Munna Lohar alias Devendra Kumar. Charges were read over and explained to the respondents, who abjured the guilt. Their defence is that they are innocent. They have been falsely implicated in the case.;

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