(1.) FIFTH Additional Sessions Judge, Gwalior in S. T. No. 15/84, State of M. P. v. Ramu and 5 Ors. , on 18-3-1986 found the appellant guilty under Section 302 of the Indian Penal Code ('code' for short) and sentenced him to undergo imprisonment for life. Aggrieved thereby this appeal was filed.
(2.) AS per prosecution, deceased Ramcharan son of Nandu Kushtha was an employee of Padamchand in his ration shop. Four or five days before the date of incident, i. e. , 4-6-1983, the appellant with two or three other companions had called deceased Ramcharan out of ration shop and had accused him for naming him for robbery of Rs. 15,000/- at Payal Bidi. On the date of incident, at about 10. 00 P. M. deceased Ramcharan, Heeralal (P. W. 3) and Padamchand were inside the ration shop. The appellant suddenly appeared with an open knife and caught collar of deceased Ramcharan and tried to pull him out of the shop. Naturally deceased Ramcharan resisted. Appellant stabbed deceased Ramcharan. Other companions of the appellant also entered the shop with open knives. All of them hacked deceased Ramcharan with knives and fled away when deceased Ramcharan fell down. Frightened Heeralal (P. W. 3) ran out of shop to save himself. Padamchand remained in his shop stunned. One of companions of these assailants threw a hand grenade to scare the witnesses. Padamchand immediately rushed to Police Station, Gwalior and lodged FIR (Ex. P 20) within 10 minutes of the event. Shri H. P. Singh (P. W. 15), S. O. , Gwalior, had scribed the report. He had noted down marg intimation (Ex. P-21) also.
(3.) AS per prosecution, H. P. Singh (P. W. 15), I. O. , rushed to the spot and prepared an Inquest Memo (Ex. P-1) after giving notices to the Panch witnesses vide Ex. P-22. He seized plain and blood-stained earth from the spot vide Ex. P-9, and parts of a half spent hand-grenade vide Ex. P-10. A spot map (Ex. P-3) was also drawn. Dead body was sent to Hospital for post-mortem. Dr. V. K. Deewan (P. W. 14) conducted autopsy on dead-body of deceased and noted down following injuries vide Ex. P-14:--
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