SHAILENDRA SHUKLA,J. - (1.)This appeal under Section under Section 374 of Criminal Procedure Code, 1973 (for short ' Cr.PC ') has been preferred against the judgment dated 27.07.2011 pronounced by Additional Sessions Judge, Indore in Session Trial No.272/2007, whereby the appellants have been convicted under Sections 302 / 34 of Indian Penal Code, 1860 (for short ' IPC ') and have been sentenced to Life Imprisonment and fine of Rs.5000/- each respectively with further default imprisonment of six months.
(2.)The prosecution story in short was that on 08.04.2007 at about 10.00 - 11.00 pm in the night while the deceased- Bablu was returning on a motorcycle along with witnesses Gopal and Ram from a community dinner and motorcycle was being driven by witness-Ram, when the trio turned towards Ghanshyamdas Nagar after crossing Lalbagh culvert, a motorcycle came from behind and appellant No.1- Kalu sitting on motorcycle dealt a sword blow on Bablu, as a result of such blow, all the three persons including Bablu fell off the motorcycle. Witness-Ram (PW/3) who was driving the motorcycle immediately fled from the spot and witness-Gopal (PW/2) who had also fallen from the motorcycle also fled but claimed to have seen the incident from a distance. He could see that Bablu who had fallen off from a motorcycle was being assaulted by Kalu and other accomplices. Gopal (PW/2) went to Police Station-Annapurna, Indore, where Station House Officer (SHO), Mr. S.P. Dubey recorded the FIR which is Ex.P/2. Witness-Ram (PW/3) who had fled from the spot ran towards the house of Bablu and on the way he met Kanhaiya (PW/1) who is the brother of Bablu and told him about the incident. Both went to the house of Bablu and brought his parents along. However, Bablu could not be found at the spot where the incident had taken place. He was then searched and was found on an isolated spot/place near the ground of Shastri Nagar in the dark. Bablu was alive and was bleeding profusely. He was taken to MY Hospital, Indore but was pronounced as brought dead. Meanwhile, S.P. Dubey SHO (PW/19), Police Station-Annapurna, Indore arrived at the spot immediately and prepared the spot map and retrieved the mobile phone which was lying at the spot. The blood soaked soil and ordinary soil was seized as per Ex.P/5. Thereafter on 09.04.2007, he arrived at the mortuary room of MY Hospital, Indore and drew Safina Form Ex.P/9 and Panchayatnama of dead body was prepared which is Ex.P/10 and form Ex.P/1 for conducting post-mortem examination was filled up. Dr. A.K. Lanjewar (PW/14) conducted the post-mortem examination and opined that the death was homicidal in nature and that injuries were caused with a heavy and sharp edged weapon. Investigating Officer (IO) Mr. S.P. Dubey (PW/19), thereafter arrested appellant No.1-Kalu against whom named FIR had been lodged. Subsequently, appellant No.2-Sonu was also arrested. On the basis of memorandum given by them (Ex.P/21 and Ex.P/22), their clothes were seized which were later on sent to FSL for detection of blood traces. Kalu gave another memorandum Ex.P/11 regarding proposal to recover sword used by him and sword was then seized as per Ex.P/14. Identification parade was carried out as per Ex.P/6 for identifying the second appellant-Sonu against whom there was an named report in the FIR. After investigation, charge- sheet was filed against both of them.
(3.)On being read over the charges framed against them under Section 302 / 34 of IPC, the appellants abjured their guilt and pleaded innocence. No defense evidence was led.