IMARTIBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment dated 9.1.2004 passed by the learned Additional VIIth Additional District and Sessions Judge (Fast Track) Ujjain, in S.T. No. 302/1995 whereby appellants have been convicted under Section 302/ 34 IPC and sentenced to undergo imprisonment for life with fine, each of Rs. 1,000/- and in default of payment of fine, each shall suffer three months additional rigorous imprisonment.

(2.) COMPLAINANT P.W.1 Gyarsibai was residing in slum area situated in the locality known as Nilganga, Ujjain Town. She was also having a Grossery Shop near to her Hutment. On 19.6.1995 in the night at 9 PM she was returning back after closing the shop with her brother-in-law Kanhaiyaiai and son Jitendra to her house. When they reached, in the lane of Mosque they saw that Shobharam and Rajkapoor were quarreling and witness P.W.9 Harishanker was admonishing them, at that moment, Jitendra asked Gyarsibai to stay and he will call his uncle Harishanker to go with them. Jitendra reached near Shobharam, Rampyari and Harishanker and asked Harishanker to come with him, at that juncture, appellants came running on the spot-and on exhortation made by Shobharam Jitendra was caught by Rampyari and Imartibai whereas appellant Guddu dealt a knife blow which fell on left side of chest of Jitendra. The second injury was caused on right thigh. Jitendra while crying ran away from the spot but fell down after some distance. Gyarsibai her sister-in-law RW.2 Meerabai, sister RW.7 Sonabai and P.W.2 Gokul lifted Jitendra and took him to Police Station in a hand trolley. FIR Ex.P/1 of the incident was lodged by P.W. 1 Gyarsibai on the basis of which offences under Section 307 of the IPC was registered. Jitendra was sent to Government Hospital for medical examination and treatment. P.W. 11 Dr. Ravindra Shrivastava, after examining Jitendra, declared him dead. Intimation of death was sent to the Police and Investigating Officer after preparing Inquest Report Ex.P/ 3 sent the dead body for post mortem examination which was conducted by P.W. 11 Dr. Ravindra Shrivastava. Post Mortem Report is Ex.P/10. Investigating Officer seized the blood stained and controlled earth from the spot as well as sealed packet of clothes of the deceased sent by Civil Hospital. He also prepared spot-map. Appellants were arrested and at the instance of appellant Guddu, one knife was seized. Investigating Officer recorded statements of the witnesses who were acquainted with the facts of the case and on completion of investigation, filed the charge sheet against the appellants for the offences under Section 302, 302/34 of the IPC.

(3.) ON the other hand, learned Counsel for the State to supported the impugned judgment and finding arrived at by the learned Trial Court.