RAJESH SONI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 05.05.1999 passed by the Additional Sessions Judge, Surajpur, District Surguja in ST. No. 187/90 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1,000/- plus default stipulation. In the present case, name of the deceased is Ram Vilas. It is alleged that on 3.5.89 accused/appellant with the help of other accused persons committed murder of the deceased by inflicting solitary knife blow on the stomach of the deceased. On 3.5.89 Unnumbered FIR (Ex. P-18) was lodged by the deceased himself and thereafter on 4.5.89 numbered FIR (Ex. P-18A) was registered against the accused/appellant, his father Gulab Prasad (acquitted accused) and Dinesh (juvenile). Medical examination of Ram Vilas was done on 4.5.89 by Dr. Kaushalendranath Sharma vide (Ex. P-11) and he found one incised wound in the size of 1 1/2" x 1/2" intra abdominal deep over right side fossa region and that the intestine had come out from the wound. Dying declaration (Ex. P-13) of the deceased was recorded on 4.5.89 vide Ex. P-13 by Shiv Lal Thakur (P.W. 8A), Naib Tahsildar and on 17.5.89, deceased Ram Bilas died. Postmortem examination on the body of deceased was conducted on 18.5.89 by Dr. Ashok Kumar Jain (P.W. 11) vide Ex. P-18 and according to him cause of death is shock due to pyaemia (a form of blood-poisoning in which abscesses appear in various parts of the body). After investigation, charge sheet was filed against accused/appellant and acquitted accused Gulab Prasad under Sections 302/34 and 324 IPC. However the present appellant and acquitted accused Gulab Prasad were tried by the sessions Court for the offence under Sections 302 and 302/34 IPC.

(2.) In order to establish the guilt of the accused persons, the prosecution has examined 11 witnesses. Statement of the accused persons were also recorded under Section 313 of the Cr.P.C. in which they have denied the charges levelled against them and pleaded their innocence and false implication in the case. This apart one defence witness namely Mohammed Avaish Karni has also been examined.

(3.) After hearing the parties, the trial Court has acquitted co-accused Gulab Prasad of the charge levelled against him but convicted and sentenced the present appellant as mentioned in paragraph No. 1 of this judgment. Hence the present appeal.