SARAFRAJ Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT stands convicted under Section 302/34 of the Indian Penal Code ('code' for short) and sentenced to life imprisonment in S. T. No. 117/94 vide judgment dated 26-3-96 by I ASJ, Vidisha, Camp Sironj.

(2.) APPELLANT and acquitted accused Nanne Khan and another accused Rajamiyan (subsequently died) were tried under Section 302/34 of the Code on the allegation that in furtherance of common intention with Sarafraj, Nannekhan and Rajamiyan they committed murder of Sudhir Bhargav (hereinafter referred to as "deceased") on 15-1-94 at 4 P. M. Rajamiyan died during the course of the trial.

(3.) PROSECUTION story succinctly stated is that on 15-1-94, deceased was going to market from his house. When he reached on public road opposite the Gumthi of Jagannath Sahu and near the house of Dhannu Kumhar at about 4 P. M. , accused Sarafraj and Rajamiyan met him, there was some wordy quarrel between them, abuses were exchanged. In the meantime other associates of Sarafraj and Rajamiyan came there and thereafter knives were taken out from the pockets and accused Sarafraj and Rajamiyan stabbed the deceased with sharp edged knives causing injuries on his right palm and both the thighs. Accused Sarafraj also attacked the deceased with his knife on right side of his head and as a result of cumulative effect of all the injuries, deceased fell on spot. As per prosecution, about 4 days before the incident Sarafraj and Rajamiyan had come on the machinery shop of Ramkumar, brother of the deceased and complained that their younger brother Sudhir had become a leader who would be dealt with. It was further alleged that on the day of incident at about 12 O'clock, the accused persons had again come to their machinery shop and threatened. According to the prosecution, Ramkumar, elder brother of the deceased was sitting at his shop, received a telephone from his house from Rekha Bhargava that the quarrel has taken place between the deceased and some persons. After receiving this information Ramkumar (P. W. 1) rushed in the direction of house of Pannalal and noticed a crowd of about twenty people there. He found the deceased lying their drenched in blood in senseless condition. Ramkumar (P. W. 1) also got shocked and sat down. The incident was seen by Suresh Pujari, Laxminarayan Saxcna, Govind and Khushilal Kachhi. Deceased was taken to hospital where he succumbed to injuries. FIR (Ex. P-1) was lodged by Ramkumar at Police Station, Latcri at 4. 35 P. M. on 15-1-94.