HIMANSHU KURIL Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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Shailendra Shukla,J. -
(1.) The present appeal has been preferred under Section 374 of Criminal Procedure Code, 1973 against judgment dated 13.02.2012 pronounced by Fourth Additional Sessions Judge, Ujjain, in Session Trial No.302/2010, wherein the appellant has been convicted under Section 302 IPC and sentenced to Life Imprisonment along with fine of Rs.1000/- with default stipulation.
(2.) The prosecution story in short was that on 01.04.2010 at about 10:30 pm, the deceased Neeraj Bhadoriya was talking to Rohit Bhadoriya (PW/1) near Mehak Chicken Centre at Mahanadda Nagar, Ujjain and at that point of time, the appellant arrived on motorcycle and told Neeraj that he has not returned a single penny out of an amount of Rs.6000/- loaned to him. The appellant then inflicted 3 4 knife blows on the left thigh of Neeraj (deceased). Thereafter, the appellant called up one Veenu Kushwaha (PW/2) on his mobile phone from the spot and told him that he has duly dealt with 1 his confidante' i.e. Neeraj Bhadoriya (deceased) and told him to pick him up. Thereafter, appellant went away on his motorcycle. At that point of time, the deceased was still breathing. Neeraj was taken in police van to District Hospital where he was examined by Dr. R.C. Pandya (PW/8). This was followed by lodging of Dehati Nalishi (Ex.P/1) at 11:45 pm. Neeraj however succumbed to his injuries on the same night and his postmortem was conducted by Dr. Kumawat (PW/7) who found that the death was on account of excessive blood loss from the injuries sustained on the upper part of left thigh of the deceased. Spot Map (Ex.P/2) was then prepared, accused was arrested on the basis of his memorandum statements, a knife, a mobile SIM and trousers allegedly worn at the time of incident were recovered by IO (PW/15).
(3.) After investigation, charge-sheet was filed before CJM, Ujjain. The trial Court framed charge under Section 302 IPC. The appellant abjured his guilt and claimed innocence.;
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