PANDIT ALIAS SAMPOORNANAND Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 27.3.1996 passed by Fifth Additional Sessions Judge, Rewa in Sessions Trial No. 142/1993, convicting the appellant under Section 304-I of the Indian Penal Code and sentencing him to rigorous imprisonment for seven years with fine of Rs. 500/-. In default of payment of fine, further rigorous imprisonment for three months. In short, facts of the case are that on 20.5.1993, in the evening when Mahendra Prasad (deceased) and his sons Shashi Kumar (PW1) and Santosh Kumar (PW7) were removing stones kept adjacent to the wall of their house and were making an embankment, Kashi Prasad asked them not to do so. Despite that, Mahendra Prasad picked up stones and threw away. It is said that other accused persons viz. Raja @ Shivendra Kumar, Indradatt, Muniraj, Ashwani Kumar and appellant reached there. Shivendra and Indradatt caught hold of the hands of Mahendra, appellant took out a knife from his pocket and stabbed him on the left side of the chest. Mahendra fell down. He was taken to hospital, but he died. None lodged formal report about the occurrence, but when a report was received from Control Room, a merg was registered. Dead body of Mahendra Prasad was sent for postmortem examination and a Dehati Nalishi report under Section 302/34 of the Indian Penal Code was recorded.

(2.) Dr. S.K. Pathak (PW8), C.M.O. in G.M.H. Hospital, Rewa conducted the autopsy and found a stab wound on the left side of the chest of deceased. As a result of injury, pericardium and heart of the deceased was cut. He died due to failure of the heart because of excessive bleeding. After investigation, charge sheet was filed against six accused persons including the appellant and the case was committed for trial.

(3.) Charges under Sections 302/149 and 147 of the Indian Penal Code were framed against all the accused persons. Appellant was also charged under Sections 302 and 148 of the Indian Penal code. All the accused persons abjured their guilt. According to them, deceased and the members of the complainant party were forcibly removing stones from the land which belonged to them. When they objected to it, Shashi, the son of deceased assaulted appellant with a Danda and deceased took out a knife and grappled with him. In the quarrel, deceased fell down and suffered injury by his own knife.