HANNA @ HARNARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have filed this appeal under Section 374 of Code of Criminal Procedure against the judgment of conviction and sentence dated 23062003 passed by the Third Additional Sessions Judge, Morena (MP) in Sessions Trial No.181/2002, whereby the appellants have been convicted under Section 302 of IPC and sentenced to suffer life imprisonment with fine of Rs.15,000/ each with default stipulation.

(2.) BALRAM received injuries on 05/05/2002. He had been taken to the hospital immediately. The doctor informed the police and thereafter Head Constable Ashok Singh (P.W.8) recorded the Dehati Nalishi (Ex.P/1). In the aforesaid Dehati Nalishi, deceased Balram had told that at Ambah in front of shop of Gopi Verma, accused Shivkant Sharma and Hanna Sharma obstructed his way and thereafter accused Shivkant inflicted a blow of knife over right side of his stomach and accused Hanna inflicted blows by "Katar" over left thigh and head of his body. The mother of the deceased came on the spot and she had seen the incident. The condition of the deceased was deteriorated and he was died at around 01:50 in the afternoon. Initially, a report under Sections 307, 341 read with Section 34 of IPC was lodged and subsequently, offence under Section 302 of IPC was added. The Investigating Officer prepared map of occurrence vide Ex.P/16 and the deceased was examined by Dr. R.G. Verma vide Ex.P/17. Body of the deceased was sent for post mortem and thereafter accused Hanna and Shivkant were arrested vide arrest memos Ex.P/7 and Ex. P/13. A 'Katar" was recovered from Hanna vide seizure memo Ex.P/9 on the basis of his memorandum (Ex.P/8). A 'knife' was also recovered from Shivkant vide seizure memo Ex.P/6 on the basis of his memorandum (Ex.P/5). After investigation, the police filed chargesheet against four accused persons. Charges were framed against them under Section 302 of IPC.

(3.) ON the contrary, learned Public Prosecutor has submitted that the judgment of conviction and sentence passed by the trial Court, is in accordance with law. The offence has been proved beyond reasonable doubt against the appellants. The evidence of eyewitness Kamla Sharma (P.W.2) is natural and it is corroborated by the Dehati Nalishi (Ex. P/1) which can be treated as a Dying Declaration; recovery and also memorandums.