RAGHUNANDAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is filed by the appellant-original accused No. 2 against the judgment and order of conviction dated July 2, 1991 passed by the Addl. Sessions Judge, Sidhi in Sessions Case No. 78 of 1990 and confirmed by the High Court of Madhya Pradesh, Jabalpur on July 7, 2003 in Criminal Appeal No. 812 of 1991. By these orders, both the Courts convicted the appellant for an offence punishable under Section 302 of Indian Penal Code (IPC for short) and awarded sentence of imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment, to suffer further rigorous imprisonment for three months.

(2.) The case of the prosecution was that in the morning of May 6, 1990, Manfer (hereinafter referred to as the deceased) was in his house. The appellant (original accused No. 2) came to the house of the deceased and asked him that one Sakkhu (original accused No.1) was calling him. The deceased went with the appellant. Till afternoon, the deceased did not come back from the house of the appellant for taking meal. Buddhsen-PW1, son of the deceased, hence, went to the house of the appellant for calling his father. There he saw that the appellant had mounted on the chest of the deceased and Sakkhu had chopped off the neck of the deceased. Manfer died on account of assault perpetrated on him and cutting of the neck. Buddhsen raised alarm and the accused persons fled away from the place. PW2 Faguni, wife of Manfer came in search of Manfer to the house of the appellant where she found her husband lying dead. Dadua-PW3, another son of Manfer also reached there. Other persons assembled at the place of occurrence and witnessed dead body of Manfer lying in the house of the appellant with injury on his neck present. It was also the case of the prosecution that before committing murder of Manfer, accused persons had caused Manfer to consume liquor. The motive, according to the prosecution, was that Manfer had not got married his son Dadua PW3 with the daughter of the appellant. The appellant, therefore, had animosity against Manfer due to which he, along with Sakkhu, caused murder of Manfer.

(3.) PW1-Buddhsen lodged First Information Report (FIR) (Ex. P-1) of the incident at Sidhi Police Station. A. K. Dwivedi PW-6, Town Inspector, Kotwali, Sidhi, conducted investigation, visited the place of occurrence, prepared inquest panchnama of dead body of Manfer and seized plain as well as bloodstained earth from the place in the house of the appellant. He also seized two empty bottles of liquor and a glass. Dead body of Manfer was then sent through PW-5 Constable Rajkumar Singh to Hospital, Sidhi. PW-7 Dr. H. P. Singh conducted the post-mortem examination of the dead body and gave his report (Ex. P-12). Viscera of Manfer was also collected and sealed. Dhoti and Baniyan were taken off from the dead body of Manfer and were sealed and sent to the Police Station. The said articles were forwarded for chemical examination. Both the accused were then arrested on May 8, 1990. At the behest of Sakkhu, a knife said to have been used for commission of the crime was recovered. Seized clothes, viscera, bloodstained and plain earth, bottles and glass and knife were sent for examination to Forensic Science Laboratory, Sagar. After completion of investigation, challan was filed against the accused. The Chief Judicial Magistrate, Sidhi committed the case to the Sessions Court for trial.