DHARMENDRA SONI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure 1973, preferred by the accused/appellant is directed against a Judgment dated 25 th March 1998 rendered in Sessions Trial No. 173/97 by the Sessions Judge, Vidisha (M.P.), holding thereby the accused guilty for committing murder of Chintu Shrivastava, punishable under Section 302/34 of I.P.C. and sentencing him to suffer imprisonment for life with a fine of Rs. 2,000/- and in default to suffer additional rigorous imprisonment of two years.

(2.) The facts, in short, are that on 30 th July, 1997 at about 10 o' clock in night, when brother of the deceased Mantu (PW-8) was at his house and talking to Sanjay Sharma, at that time, accused Dharmendra Soni came and told that where is Chintu . Then, Chintu came outside the room and told what is a matter. Dharmendra told that Pradeep called him to discuss. Suspecting the act of Dharmendra, Mantu and Sanjay Sharma both went to the house of Pradeep. On reaching, they saw that Dharmendra Soni and Pradeep Soni were causing injuries with knives to Chintu, who fell down subsequently. Seeing them, both the accused asked to run away else, they will have to face the dire consequences. Thereafter, both the accused dragged the injured Chintu up to the electric Pole and leaving him fled away. Mantu saw that Chintu was died. Then, he alongwith Sanjay went to the Police Station Vidisha and lodged the FIR against accused, which was registered at Crime No.36/97 for commission of offence punishable under Section 302/34 of I.P.C. The Police reached on the spot immediately. The spot and position of the dead body were cached through photography. A Marg report was also written. On next day morning, the spot map and the seizure memo of the articles found on the spot were prepared. The Safina Form was issued to the witnesses. The memo of dead body was prepared in the presence of the relatives and witnesses. Then dead body with application for postmortem was sent to Chief Medical Officer of District Hospital Vidisha. The Postmortam was done on the dead body of Chintu by the doctor. The case diary statement of the witnesses were recorded. Both accused were arrested and on their production the weapons of crime (the knives) were seized. The blood stained cloths of the deceased and accused with seized weapons and other articles recovered from the spot were sent to the Director State Forensic Science Laboratory Gwalior. During investigation, the report of Chemical Examiner was received. After completion of investigation the charge sheet was filed. After committal, the Sessions trial was commenced. After trial, by the impugned judgment both the accused were convicted and sentenced as mentioned herein before.

(3.) During pendency of this appeal before this court, accused Pradeep expired and therefore the present appeal stood dismissed as abated against accused Pradeep. Obviously, the appeal would survive only against remaining accused-appellant Dharmendra. It is stated that accused Dharmendra earlier was released on Parole by the Jail Authority for a limited period but as he did not surrender after expiration of the period, he was declared absconded at later stage.