RAKESH Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Indore, upholding conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence of imprisonment for life. Four persons faced trial for committing murder of Kailash (hereinafter referred to as the 'deceased'). Though the trial court had convicted the appellant for offence punishable under Section 302 IPC, three persons were convicted for offences punishable under Section 302 read with Section 34 IPC. By the impugned judgment, conviction of others was altered and each one of them was convicted for offences punishable under Section 326 IPC read with 34 IPC and was sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs.1,000/- with default stipulation. But the conviction of the appellant as noted above was maintained.

(3.) Background facts in a nutshell are as follows: On 15/11/1998 at about 08.30 pm, in Bhagirathpura, near the house of Sheetal Deen, Complainant Ramesh and witness Lalchand were standing near the culvert, when Praveen (PW4) came shouting that brother of Ramesh namely Kamlesh was being assaulted by the appellants. These persons, therefore, rushed to the place and witnessed that appellant Shailu, Raju, and Ravi had kept Kailash in their grip, while Rakesh was assaulting him with a knife, and others were administering kicks, fits and blows. When these persons raised an alarm, the accused persons fled away. Kailash was immediately taken to M. Y. Hospital. He had number of injuries which had been dressed initially but when Doctor saw Kailash, he declared him dead. According to Ramesh Prajapat there was a quarrel between them with regard to peels of eggs and it was on that account the accused persons had assaulted his brother. Report on this incident (Ex P /18) was lodged which was recorded in Rojnamcha. On being informed by the operator from M.Y. Hospital about death of Kailash, Inayat Hussain recorded information as (Ex. P/28m) and forwarded Raifulla Khan to investigate. Raifulla Khan then recorded Dehati Naish (Ex.P/w 2) was lodged by Ramesh and after issuing Subpoena, held inquest of which he prepared report. He also forwarded the dead body under requisition Ex.P2/27 of which post-mortem report was received from Dr. Raj Kumar Singh.