VINOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS Vinod, Ballu alias Mohan and Pappu alias Ashok have been convicted under Section 302/34, Indian Penal Code and sentenced to imprisonment for life.

(2.) IT is no longer in dispute that Meena, aged about 16 years, sister of accused Vinod, had eloped with deceased Vijay a few days before the incident of the present case. Vijay was arrested for the offence punishable under Section 366, Indian Penal Code.

(3.) THE prosecution case is that on 28-10-1989 at 8. 25 A. M. there was grappling between deceased Vijay and accused Ballu and at that time accused Pappu dealt a lathi blow on the head of Vijay. Thereafter accused Vinod came on the spot with an axe and caused injuries to Vijay on his head with that axe. There was a repeated blow of the axe on the neck of the deceased by accused Vinod. The incident was witnessed by Prabhudayal (P. W. 1), Kamal (P. W. 2) and Vijay Singh (P. W. 9 ). The FIR (Ex. P-S) was lodged by Vijay Singh (P. W. 9) at 8. 45 A. M. at Bina Police Station. It is also the prosecution case that Kailash Arya (P. W. 7), Sub Inspector of Police, accompanied by Dev Singh (P. W. 8), Constable, hastened to the spot on a motor-cycle and reached there at 9. 05 A. M. . The Sub Inspector recorded the statement of Vijay and that is Ex. P-7. It is said to be his dying declaration. He took Vijay to the hospital. He was examined by Dr. Anil Kumar Gupta (P. W. 6 ). He found five injuries on his body including the two incised wounds which were the cause of death. Vijay died at 10. 15 A. M. in the hospital. Panchnama of the dead body was prepared and that is Ex. P-3. The autopsy was conducted by Dr. Anil Kumar Gupta (P. W. 6) and in his opinion the death of Vijay was homicidal. The investigation was taken up by R. K. Mishra (P. W. 10), Town Inspector. He interrogated accused Vinod and he gave the information as recorded in Ex. P-12 that he has kept an axe and a blood-stained shirt hidden in the tiles on the back side of his house. Accused took him to that place and produced these articles. These were seized as per seizure memo (Ex. P-15), Similarly lathis were seized from the other two accused persons on the basis of the information given by them. The report of the Forensic Science Laboratory is Ex. P-19, according to which blood was found on the shirt and the axe.