SHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Madhya Pradesh High Court, Indore Bench. On the basis of the accusations that appellant and four others were responsible for the homicidal death of one Kailash (hereinafter referred to as the deceased) on 27.10.1995, the accused persons faced trial. The learned First Additional Sessions Judge, Shajapur, found two of the accused persons i.e. Prakash and appellant herein Shyam to be guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). Each was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each with default stipulation. The other three were acquitted. The appellant and co-accused Prakash preferred an appeal before the High Court which was dismissed by the impugned order, so far as appellant is concerned. Prakash was directed to be acquitted.

(3.) Prosecution version as unfolded during trial is as follows: On 27.10.1995 wife of the deceased Bhagwantibai (PW-1) was in her house, when at about 11.00 o Clock, she heard the alarm raised by her husband. When she came out, she witnessed that the accused persons and the acquitted co- accused were grappling with him. Just then, appellant Shyam went to his house and brought a knife while accused Babloo @ Prakash exhorted them to kill him. Acquitted co-accused Dhapubai and Kirshnabai then caught the deceased and Shyam and Prakash administered several blows of knife causing injuries in various part of the body of deceased Kailash. Bhagwantibai (PW-1) raised an alarm and informed Mohanlal, Babu and Ramchandra about the incident. Kailash was carried on a cot to the hospital, but he succumbed to the injuries. Report of the incident Ex.P/1 was lodged at the police station by Bhagwantibai (PW-1), which was recorded by B.L. Meena, Station House Officer (PW-8) and an offence was registered against the accused. During investigation, inquest was held and inquest report Ex.P/6 was prepared. The body was forwarded for post-mortem examination vide requisition Ex.P/3. Spot map Ex.P/10 was prepared and samples of blood stained and simple earth were obtained vide Ex.P/11. A pair of chappals from the spot was seized under memo Ex.P/12. During investigation, accused persons were arrested and the disclosures made by them were recorded and in pursuance thereof, knife, vest (baniyan) from Shyam and a knife and kurta, pyajamas from Prakash were seized. The seized articles were sent to the Forensic Science Laboratory for analysis and charge sheet was filed against the appellants and co-accused. On consideration of evidence on record, appellant and Prakash were convicted and others were acquitted. The convicted accused persons preferred an appeal before the High Court.