ABHAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has lodged his grievance by filing this appeal against the judgment dated 25-9-1998 passed by the learned Third Addl. Sessions judge, Dhar in Sessions Trial No. 192/97 thereby convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 1,000/-, in default of payment of fine to suffer additional R. I. for one month with a further direction that on realization of the amount of fine, Rs. 1,000/- be paid to the wife of the deceased Narottam as compensation.

(2.) THE facts of the prosecution case in narrow compass are that on 7-5-1997 there was a verbal altercation between the deceased Narottam and appellant Abhay on the score of not accepting two rupee currency note by the appellant. The accused appellant brought A Gupti and dealt 4/5 blows to narottam causing injuries on his hand, legs, abdomen and chest. On hearing the cry, smt. Rekhabai and Madan reached over on the spot. On raising cry by Smt. Rekhabai, parwatsingh (P. W. 5), Soma and others also reached on the spot and on seeing them, the appellant fled away from the spot. Narottam as a result of the injuries became unconscious and was sent to Sardarpur hospital in a tractor. Narottam was primarily examined and treated by Dr. M. L. Jain (P. W. 1') and issued Medico Legal certificate (for short 'mlc') Ex. P/1 and referred the injured to Mital Hospital, Dhar for further treatment from where he was further referred to Indore Choithram Hospital. In choithram Hospital Narottam breathed his last on 9-5-97. Station House Officer of P. S. Rajendra Nagar, Indore prepared inquest report of the dead body and sent the body for postmortem examination to M. Y. Hospital, Indore which was conducted by Dr. Ravindra Chaudhary (P. W. 6) and issued postmortem Report Ex. P/11. When Police went to village Tandakheda, Smt. Rekhabai (P. W. 2) reported the matter which was recorded as Dehati Nalishi Ex. P/3 by Asstt. Sub Inspector Kanchansingh Chauhan (P. W. 4 ). He also prepared the spot map Ex. P/4 at the instance of Smt. Rekhabai and seized the blood stained and controlled earth vide ex. P/5. He also recorded the statement of p. W. 2 Rekhabai. The information sent from sardarpur hospital was recorded in roznamcha at P. S. Sardarpur from where requisition for examination and treatment of Narottam as also for recording of his dying declaration was issued, but since narottam was not in a position even to speak, his dying declaration could not be recorded. All the relevant papers were sent to Police Station Amzera having jurisdiction over the matter.

(3.) ON the basis of Dehati Nalishi, the station House Officer of P. S. Amzera registered the First Information Report Ex. P/7. He arrested the appellant and on his memorandum statement Ex. P/9 seized one Gupti at his instance vide Ex. P/10. and made query from Sardarpur Hospital vide Ex. P/ 12. During investigation, the Baniyan of the deceased soiled with blood was seized and statements of the concerned witnesses were recorded. The seized articles were sent to the Forensic Science Laboratory, report whereof is Ex. P/12. Spot map Ex. P6 was got prepared by the Patwari. On completion of investigation, the accused was charge-sheeted for the aforementioned offence. The accused/appellant abjured his guilt and pleaded innocence. His defence was that of false implication. He examined D. W. 1 Head constable Halwanshi, Dr. Umesh Mittal (D. W. 2), Banarasi Prasad (D. W. 3), Head constable Hiralal (D. W. 4) and Kamal kishore Vaishnav Advocate (D. W. 5) in his defence. In order to prove its case prosecution examined in total 7 witnesses. Learned trial Court on trial and hearing the paries, found the appellant guilty, convicted and sentenced him as indicated hereinabove.