KAPIL KUMAR BRAMHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS Criminal Appeal has been filed by the accused/appellant against the judgment and order dated 20.12.1994 passed by Additional Sessions Judge, Gadarwara district Narsinghpur in Sessions Trial No. 28 of 1994 whereby the accused/appellant has been convicted for offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment.

(2.) THE prosecution case in brief was that on 29.9.1993 at Gadarwara, district Narsinghpur, that being the Anant Chaturdashi day, the accused/appellant, the deceased Mukesh and the other acquitted accused were participating in Ganesh Visarjan Procession. When the procession reached Hanuman ward, the accused/appellant suggested to playa filmy song. The deceased Mukesh declined the request of the accused/appellant and told that only religious songs would be played during the procession. Thereupon the accused/appellant took a knife out of the pocket of his pant and inflicted stab wounds on the person of the deceased. Thereafter, the accused/appellant along with acquitted accused fled away from the place of incident. The deceased was taken to the government hospital, Gadarwara. Dr. N.K. Bajpai (PW -2) gave treatment to him and also sent the infonnation to the police to get the deceased's dying declaration recorded. Dr. N.K. Bajpai (PW -2) found eight injuries on the person of the deceased out of which five were stab wounds and three were bruises. C.L. Dheriya, Sub -Divisional Magistrate, Gadarwara (PW -II) recorded the dying declaration of the deceased. Meanwhile, Ranjit Singh Chouhan, Station House Officer of Police Station, Gadarwara (PW -9) 'recorded' Dehati Nalishi' (Ex. P -22) which contained thumb impression of the deceased. During the investigation, the accused/appellant gave information as per Memorandum (Ex. P -9) leading to the recovery of a knife (Gupti) which was concealed in the house of the accused/appellant. The said knife (Gupti) was seized as per Seizure Memo (Ex.P -10). Kurta and Pyjama of the accused/appellant were also seized as per Seizure Memo (Ex. P -16). After completion of investigation, challan was submitted against the accused/appellant and the other acquitted accused. After evaluating the evidence on record, the learned Trial Court found that the prosecution has proved the offence against the accused/appellant alone beyond reasonable doubt and therefore it convicted the accused/appellant for offence under Section 302 of IPC and sentenced him as mentioned above. Aggrieved by the impugned judgment and order, the accused/ appellant has filed the present appeal.

(3.) HAVING heard the Senior Advocate Shri S.C. Datt appearing for the accused/appellant and the Panel Lawyer appearing for the respondent/State and having gone through the entire evidence and other material on record, it is difficult to accept the contention of the learned Senior Advocate.