SURESH @ MUCCHAD Vs. STATE

JUDGEMENT

(1.) SURESH @ Muchhad has been held guilty for having murdered Ram Babu in the late evening of April 15, 2011 at a Tikona park (Triangular Park) adjoining Sulabh Shochalaya near gate No.3 of Lok Nayak Jai Prakash Hospital. The learned Trial Judge has believed Mohd. Izhar PW -1 and Mohd.Alam PW -3 as truthful eye witnesses. The knife Ex.P -1 opined by Dr.Kulbhushan PW -11 who conducted the post mortem on the dead body of Ram Babu as the one from which injuries could be caused to the deceased, which knife was recovered from the personal search of Suresh when he was arrested is the second incriminating evidence against him. He has been sentenced to undergo imprisonment for life. Suresh challenges the conviction alleging that the conduct of the two eye witnesses was not consistent with a person who would witness a man being stabbed and thus would urge that Mohd.Izhar and Mohd.Aslam are not to be believed. As regards the knife he highlights that the FSL report Ex.PW -12/J and Ex.PW -12/K records that when subjected to serological analysis blood could not be detected on the knife and therefrom he urges that there would be no incriminating evidence against him.

(2.) THE post mortem report Ex.PW -11/A records two stab wounds inflicted on Ram Babu : (i) a stab wound of length 2 cm into bone deep gaping 1 cm, oval shaped, margin clean cut, transversely present over left arm, outer aspect in upper 1/3rd , 7 cm below left shoulder tip, 31 cm above the left elbow joint in the mid line of the left arm; and (ii) stab wound of length 2.5 cm gaping 1 cm oval shape with acute margin and clean cut vertically present over the left side of abdomen 11 cm right to the mid line 8 cm above the left anterior superior iliac spine, 25 cm below the left nipple. A loop of omentum 3.8 cm X 2 cm is coming out through the bone. One multiple abrasion over front of left elbow joint and back of left elbow joint, and two abrasions over back of right elbow joint and over outer aspect of right thigh in upper 1/3rd are also noted. Internal examination revealed that blood was present in the peritoneal cavity. The cause of death is obviously haemorrhagic shock due to excessive bleeding. Injury No.2 was opined as sufficient in the ordinary course of nature to cause death.

(3.) SI Dharmender Kumar PW -10 went to the spot accompanied by HC Ishwar Singh PW -7 and Ct.Sanjay PW -6. On reaching the place they saw a dead body and summoned a crime team. SI Dharmender Kumar left HC Ishwar Singh at the spot and with the help of Ct.Sanjay Singh removed the dead body to JPN Hospital and after insuring that the body was kept at the mortuary he returned to the spot and when he was in the process of lifting earth control by breaking the tiles of the pavement with a hammer and a chisel Mohd.Izhar came to the spot and disclosed himself to be an eye witness of the incident. SI Dharmender Kumar recorded statement Ex.PW - 1/A of Mohd.Izhar and made an endorsement Ex.PW -10/B beneath the same and got the FIR registered. He thereafter completed the spot proceedings.