RATURAM AGHARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant stands convicted under Section 302 IPC and sentenced to life imprisonment along with fine of Rs. 2000/-. In the event of failure to pay which he was required to undergo one year further rigorous imprisonment by the Second Additional Sessions Judge, Raigarh in Sessions trial 189/98 dated 27-01-2000. Merg statement (Ex.-P/1) of Sonsai (PW-1) was recorded on 28-9-1998 stating that the same day between 2.00 to 3.00 p.m. he was sitting along with the appellant, deceased Bansiram, Darbar Singh (PW-2) and Sadhram (PW-4) when the appellant assaulted the deceased with a "Tangi" and fled away leaving the "Tangi" behind. F.I.R. was registered the same day, marked Ex.-P/2, lodged by PW-1 at 23.45 hours. The postmortem report of the deceased was conducted by Doctor Anil Kumar (PW-9) marked as Ex.-P/10 who found following injuries on person of the deceased:--

(2.) Learned counsel for the appellant submitted that the evidence of the eye-witnesses make it apparent that both the appellant and the deceased lived opposite and were known to each other. They had consumed liquor together. It was therefore not an assault committed with a premeditated mind and designed to kill but an act done in a state of intoxication. The appellant therefore was not fully in his senses to understand and appreciate the consequences of his acts. It was next submitted that he had no previous enmity and the evidence of the prosecution witnesses itself reveals that the appellant acted on a sudden provocation following a verbal duel on the spot. It was lastly submitted that while PW-1, PW-2 and PW-4 have talked of 3 injuries, the doctor has found 4 injuries on the deceased which is suggestive of the fact that the sequence of events and assault may have been different than what is alleged by the prosecution. The FSL report with regard to blood on his clothes cannot be conclusive in absence of a serologist report with regard to blood group of the deceased. The appellant therefore deserves to be given benefit of doubt. In the alternative it was submitted that as the assault was on grave and sudden provocation on the spur of the moment preceded by verbal duel, the conviction may be altered to be one under Section 304 Part II IPC.

(3.) Counsel for the state opposed the appeal submitting that the three eye-witnesses, PW-1, PW-2 and PW-4 are consistent and nothing has emerged even in their cross-examination to discredit their evidence. The appellant has not been able to explain the blood marks on his clothes confirmed in the FSL. The "Tangi" left behind by him after the assault was seized by police and blood on the same also confirmed in the FSL report.