NAVINKUMAR SAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, being aggrieved by the judgment dated 7-4-97 passed by the learned First Additional Sessions Judge, Indore in Sessions Trial No. 232/94, thereby convicting the appellant for the offence punishable under Section 302, Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to suffer additional R. I. for four months, has preferred this appeal.

(2.) Briefly stated, the prosecution case as unfolded before the trial is that on 30-3-93, the appellant made a telephone call and asked Dr. Pradip Bahadur Singh (deceased) to have evening dinner together. At about 4.00 p.m. Dr. Pradip Bahadur Singh met the appellant and both of them came to the house of the appellant on Kinetic Honda scooter of deceased (Dr. Singh) and the appellant took him in a room of his house situated at G-36, M1G Colony, Indore and caused blow by means of an iron dumb-bell. Thereafter the accused/appellant went to Dr. Nikhil Oza in the evening at 7.00-7.15 p.m. in M. Y. Hospital, Indore when Dr. Oza was on duty as Casualty Medical Officer (CMO). The appellant was in drunken state and told him that he had committed murder of Dr. Singh. Dr. Oza noticing the hands of the appellant stained with blood informed the Head Constable on duty at the Police Outpost situated at M. Y. Hospital, Indore and directed to take the appellant to the Police Station. Head Constable Ramsahai sent intimation to this effect to Police Station Sanyogitaganj from where A. S. I. AJay Bais accompanted by Head Constable Chandrapal Singh reached at M. Y. Hospital and found the appellant sitting in the chair in from of Dr. Nikhil Oza, Dr. Oza pointing at the appellant said that according to the appellant he had committed murder of Dr. Singh in M. I. G. Colony and thereafter has come here. At that time Dr. Gangwal and sweeper Shekhar etc. were also present in whose presence the appellant also disclosed that he has committed murder of Dr. Pradip Bahadur Singh and his dead body was lying in his room. Thereafter, the Assistant Sub Inspector Ajay Bais took the appellant to Police Station MIG wherefrom he also took ASI Tiwari. Govindsingh and witnesses Arjunsingh and Jitu and reached to the house of the appellant at G/36, M. I. G. Colony where the appellant showed the dead body of the deceased Pradip Bahadur Singh. He also told that he had committed the murder of Dr. Singh by means of a dumbbell because the deceased was defaming him (the appellant) without any reason or rhyme. The Sub-Inspector deputed Head Constable Govindsingh on the spot in the room of the appellant and came to the Police Station. Sub-Inspectof Ajay Bais lodged the FIR (Ex. P/17) to this effect which was registered as Crime No. 1786/93 for the offence punishable under Section 302, I. P. C. recorded by PW-19 Town Inspector (Station House Officer) Shri Girish Kumar Subedar. The dead body of the deceased was sent for postmortem examination which was conducted by Dr. R. K. Singh (PW-12) who gave the postmortem report Ex. P/16. The seized articles were sent to the Forensic Science Laboratory and the Serologist and their reports are Ex. P/22 and P/23 respectively. I. O. Shri Girish Kumar also prepared the spot map Ex. P/18. On completion of necessary investigation, charge sheet was filed against the appellant.

(3.) The appellant/accused abjured his guilt and stated that he has been falsely implicated. In order to establish its case, the prosecution examined as many as 21 witnesses and adduced 23 documents while the accused examined two witnesses in his defence and adduced four documents.