NARESH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and findings recorded by the learned IInd Additional Sessions Judge, Raisen, in the Sessions Trial No. 66/89 whereby the accused/appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life together with fine of Rs. 2,000/-, in default whereof, to undergo R. I. for six months.

(2.) SUCCINCTLY narrated, the prosecution case is that the deceased Rammu aged about 15 years was the brother of complainant Santosh Kumar (P. W. 3) and son of Kriparam (P. W. 5 ). On the date of incident, the deceased went to his field for grazing the cattle as usual. Rammu used to come back to his home for lunch between 12 to 1 P. M. However, on the date of incident, Rammu did not turn up for taking his lunch upto 3 P. M. , making his brother Santosh Kumar become anxious and left for his field to check his whereabouts. Rammu was not found in the field. Therefore, Santosh Kumar went towards Nala in search of his brother. To his horror, he saw accused Naresh stabbing Rammu with a knife in abdomen. When Santosh Kumar raised an alarm accused took to heels. Santosh Kumar found that his brother Rammu was dead. Hearing the cries of Santosh, Hargovind (P. W. 1) reached at the place of occurrence and saw the accused near the place of incident.

(3.) ACCORDING to the prosecution version, after committing murder of deceased Rammu, the accused himself went to Police Station, Bareli and confessed to have committed the murder of Rammu. Report of accused was recorded in Rojnamcha Sanha No. 521, a copy whereof is Ex. P-20-C. Complainant party also left for Police Station, Bareli to lodge the FIR, but in the way they came across the police party of said police station. Police party reached the house of Santosh Kumar where Dehati Nalishi (Ex. P-2) was recorded on the information received from Santosh Kumar. Dead bodv of Rammu was seized from the place of occurrence. Inquest Panchnama was prepared. The post mortem examination of the deceased was conducted by Dr. P. D. Gogiya (P. W. 10 ). Dr. Gogiya found the following injuries on the body of the deceased :-