PREM NARAYAN MEENA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 14th June, 2001 passed by Sessions Judge, Bhopal in Sessions Trial No.404/2000 convicting the appellant under sections 302 and 326 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.500/- and rigorous imprisonment for 6 months with fine of Rs.100/- on each count, respectively.

(2.) In short, prosecution case is that on 3.9.2000, Dilip Sahu, the deceased was staying in Swadeshi Lodge situated in Hanumanganj, Bhopal. Lachhu Sindhi and Dinesh Sahu had gone to meet him. At about 10:00 p.m. appellant along with his wife Rajkali and Dinesh Yadav went there and met Dilip Sahu. They made demand of their money which was borrowed by him. Talking to them Dilip Sahu came down on the road. Dilip Sahu assured them that he would return the money, but they insisted that he should return it on that very day. An altercation ensued between them during which accused Dinesh Yadav caught hold of Dilip, appellant's wife Rajkali dealt a blow on the forehead of Dilip by broken glass bottle and appellant took out a Chhuri from his waist and dealt blows with it on the chest and waist of Dilip. Dilip fell down. When Dinesh Sahu (PW-5) tried to save him, appellant dealt a blow with Chhuri to him also whereby he suffered injury on his right hand thumb. In the meanwhile, constable Naresh Lakda (PW-6) who was present in the vicinity and ASI R.P.Pandey (PW-12) caught the appellant and took him to police station. Naresh Lakda took injured persons to hospital where Dilip Sahu was declared dead. On the information given by Dinesh Sahu (PW-5), first information report Ex.P/14 was recorded at police station Hanumanganj and a case under section 307/34 I.P.C. was registered against all the three accused persons. At about 11:00 p.m. on receiving the report from Dr. Shailendra Shrivastava, C.M.O. Hamidya Hospital, Bhopal about the death of Dilip, marg intimation report Ex.P/17 was recorded at police station, Maharana Pratap Nagar, Bhopal. Dead body of Dilip Sahu was sent for postmortem examination. Dr. C.S.Jain (PW-13) conducted the postmortem examination of the dead body and found seven injuries on it. Four injuries were stab wounds. Postmortem examination report is Ex.P/23. Dr. Shailendra Shrivastava (PW-1) examined the injuries of Dinesh Sahu and found one incised wound on his right hand index finger. His report is Ex.P/1. Dr. Manoj Mehra (PW-11) also performed the medico legal examination of Dinesh and vide his report Ex.P/22 confirmed the said injury. Spot map was prepared and a Chhuri was seized from the possession of appellant. After further investigation, charge sheet was filed and the case was then committed for trial. Accused Dinesh Yadav remained absconding.

(3.) During trial, appellant abjured his guilt and pleaded false implication. According to him, Dinesh Sahu (PW-5) falsely implicated him because Rajkali married him instead of marrying to Dinesh Sahu. In defence, appellant examined Mangiram (DW-1).