SANJAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374 of the Code of Criminal Procedure 1973 (for short 'the Code') against the judgment of conviction dtd. 21.06.2010 passed by the Sessions Judge in Sessions Trial No. 439/2009 by which the appellant has been convicted for offence punishable under Sec. 302 of Indian Penal Code (for short 'IPC') and sentenced to undergo life imprisonment with fine of Rs. 2000.00 and respectively with default stipulation.

(2.) The prosecution story, in short, is that on 30.06.2009 at about 12 a.m., complainant Satish had gone to call the deceased Manoj @ Raju and Hemant to take them to the court. When he reached porter's rest room, he found there Manoj, Hemant, Anna and Vijay. There was a scuffle between the deceased Manoj and the appellant-Sanjay over a sum of Rs. 100/-. During the incident, the deceased hit the appellant on his face with a fist due to which the appellant Sanjay started bleeding then appellant brought a knife from the Taand and gave knife blow from front side on chest of the deceased and also gave a blow on his thigh. The appellant also caused injury by teeth bite to Vijay. After committing this incident, the appellant tried to run away from the spot, but he was caught by Govind and Vijay. The injured Raju @ Manoj was put in an auto-rickshaw and took him immediately to hospital, where he was declared by the doctor as brought dead. This information was sent by treating Doctor to the Police Station -GRP, Ujjain and on the basis of the said information, Merg was registered.

(3.) As per prosecution story, Inspector A.K. Shrivastava PW-12 reached the spot and prepared inquest report (Ex. P-2) before the witnesses. Dead body of the deceased was sent to the hospital for postmortem, which was conducted by Dr. B.B. Purohit PW-11, who opined that cause of death was due to excessive bleeding and shock subsequent to stab wound over his vital part 'heart' and the death of deceased was homicidal. Inspector A.K. Shrivastava registered Dehati Nalishi on the information given by complainant - Satish. During the investigation, spot map was prepared and seized plain soil from the spot, the blood stained shirt of the deceased and knife was also seized and statements of witnesses were recorded. All the seized articles were sent to FSL for chemical analysis. After the completion of entire investigation, charge-sheet was filed under Sec. 302 and 324 of IPC against the accused/appellant.