RAJU ALIAS RAJEEV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of Cr.P.C assails the judgment of conviction of the trial Court dated 13.1.2017 passed by First Additional Sessions Judge, District Gwalior in Sessions Trial No.149/2014, whereby appellant no.1 has been convicted under section 307 of IPC and sentenced to suffer 7 years RI with a fine of Rs.5000/- and in lieu of default of payment of fine further imprisonment of six months RI and appellant no.2 has been convicted under section 307/34 of IPC and sentenced to suffer 7 years RI with fine of Rs.5000/- and in lieu of default of payment of fine further imprisonment of six months RI.

(2.) As per the prosecution story the incident is said to have taken place on 20.10.2013 when the injured as well as the appellants were going towards the Airport Road Tiraha. The complaint has been lodged by the injured Avneesh (PW.2) on the basis of which Dehati Nalishi was got registered (Ex.P.2). As per the prosecution story, it is alleged that on 19.10.2013 the accused Kirti wife of the injured along with other co-accused Raju came to Gwalior as Kirti was having D.Ed. examination, which was scheduled to be held on 20.10.2013 at Greenwood Public School, Adityapuram, Gwalior. It is alleged that on 19.10.2013 at 12:00 PM the accused Kirti has telephoned Raju Dixit the other accused, who came there by his motorcycle and three of them came to Gwalior on the motorcycle of Raju. Avneesh and his wife went to Anjana's house, who is said to be the cousin (Chacheri Behan) of Kirti and Raju went back by his motorcycle. On 20.10.2013 when Kirti and Avneesh were going to the Examination Centre, at that time Kirti has made a phone call to Raju and he came to Gwalior by his motorcycle and all three of them went to the Greenwood Public School (the Examination Centre). After the examination was over, Raju, Kirti and the complainant/ injured Avneesh sat on the motorcycle of Raju and on the request made by the Raju that he has some work at the Airforce Centre all of them went towards the Air Force Centre. Near the Air Force Centre Raju stopped the motorcycle, Kirti caught hold of the hands of Avneesh and Raju has inflicted knife injuries to Avneesh all over the body including the vital parts. Thereafter assuming that Avneesh has expired they left him there and went away.

(3.) On the basis of the aforesaid, Dehati Nalishi and thereafter the FIR (Ex.P.8) was registered. It is submitted that Avneesh was taken to Sahara Hospital, Gwalior by Ambulance 108 and at Sahara Hospital his complaint was got recorded by Mahaveer Singh (PW.4). On the basis of the aforesaid information, the FIR was got registered at Crime No. 313/2013 at Police Station Maharajpura, District Gwalior. During the course of investigation, the police authorities have prepared the spot map and memorandum of 27 of Evidence Act, seizure memo and other relevant documents and has recorded the statements under section 161 of Cr.P.C.