PYARE MIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 18.4.2002 passed by the learned Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No. 7/99 convicting appellant under Section 302 of IPC and thereby sentencing him to suffer life imprisonment and fine of Rs. 2,000/-, in default, further R.I. of one year, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2) of Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that Vijay Singh (hereinafter referred to as "the deceased") lodged a report in Police Station Anandpur on 8.7.1998 at 7:30 PM that he went to purchase some household items in the market to Lateri and was coming back on the Tractor of Devi Singh of Mubarakpur. In between Jajamkhedi and Mubarakpur near Sindh river, appellant who is an absconded accused of murder met him and after hurling the abuses of mother and sister scolded on the deceased that he (the deceased) got his father arrested by the police, and hence, he will not be spared. Thereafter appellant dealt a knife blow on the left cheek nearby the eye of the deceased and the second blow of knife was dealt on his abdomen region, as a result of which blood started oozing from the wound, not only this, he continued to give further more blows of knife on the person of the deceased which landed on the left hand of the deceased. It has also been stated in the report that along with appellant acquitted co-accused persons were also present and although they encircled him, but did not cause any maarpeet with him. The incident has been witnessed by son of Lakhpat Singh and other persons who assembled there.

(3.) On lodging of the First Information Report by the deceased himself a case under Section 307/34 of IPC was registered by the investigating agency and referred the deceased, who was alive at that juncture, to the hospital, however, after his MLC was conducted he was admitted in the hospital, where while undergoing the treatment he could not survive more and succumbed to the injuries which he sustained. On account of the death of the deceased the case was altered from Section 307/34 of IPC to Section 302/34 of IPC.