NAV ALIAS ANAND Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Raju and Vinod have preferred their appeals (1088/2000 & 1151/2000) against the impugned judgment dated 30-8-2000 passed in S.T. No. 526/93 and appellant Nav alias Anand has preferred his appeal (948/2001) against the impugned judgment dated 23-6-2001 passed in same S.T. No. 526/96, by learned 11 th Additional Sessions Judge, Indore (M.P.), whereby convicted all the appellants under Section 302/34 of the Indian Penal Code (for short "the IPC"), sentenced them to RI for life with fine of Rs. 500/-to each. In default of payment of fine, they shall suffer additional RI for three months.

(2.) The short resume of the prosecution case, as placed before the Trial Court, is that complainant Usha Bai (P.W. 18) was residing in Bhavna Nagar, Indore. On 27-4-1993 in the night at 8.30 p.m. her brother-in-law Radheshyam reached her house and they were standing outside their house. At that moment, at about 9.00 p.m. appellant Vinod and deceased accused Robart came to the house of Usha Bai and took Radheshyam at the house of Vinod. It is said that there they picked up quarrel with Radheshyam and assaulted him. When Usha Bai came to know about the quarrel, she reached on the spot and saw that appellants Vinod and Nav alias Anand having knife and appellants Raju and deceased accused Robart were having lathis and assaulting the deceased. Appellants Nav and Vinod caused separate injuries on the hips of deceased by knife and deceased accused Robart and appellant Raju struck lathi blows on the head. After assault all the accused fled away from the scene of occurrence. Usha Bai took Radheshyam in injured condition with the help of Kishore to police station and also lodged the report (Exh. P-21) in the night at 9.50 p.m. Radheshyam was admitted in M.Y. Hospital, where he died in the night at 2.00 a.m. On receiving information of death, the Investigating Officer reached in the hospital and prepared inquest report (Exh. P-2), he also prepared spot map (Exh. P-23). Post-mortem on the dead body of deceased was performed by Dr. P.C. Jain (P.W. 11), who also issued post-mortem report (Exh. P-14). Accused persons were arrested and on their disclosure statements various weapons were seized. The seized articles were sent to Forensic Science Laboratory. On completion of investigation, charge-sheet was filed against 4 accused persons for the offences under Section 302/34 of the IPC.

(3.) The fourth accused Robart died during the course of trial. Initial charge-sheet was filed showing appellant Nav alias Anand absconding but later on he was arrested and separately tried by the learned Trial Court in Sessions Trial No. 526/96.