JAGGU Vs. STATE OF MP

JUDGEMENT

(1.) BEING dissatisfied with judgment dated 8.11.1996, rendered by the XII Addl. Sessions Judge Indore in Sessions Trial No. 33/95, thereby convicting the appellants for the offence under section 302/34 IPC and sentencing them each to suffer imprisonment for life with fine Rs. 500/-, in default of payment of fine, to suffer further additional R.I. for one month, the appellants have preferred this appeal.

(2.) BRIEFLY stated, the facts of the prosecution case as unfolded before the trial Court were that on 13.10.1992 in the noon, Mukesh (PW 8) alongwith the deceased Kailash and Deepak Choudhary (PW 6) were standing near the betel shop of Anil. At about 2.10 p.m. deceased Kailash and Rajesh were chitchating at the shop of Rajesh. At that time appellant Jaggu alias Jagdish and Dharma reached over there and with intent to commit murder of Kailash, started assaulting Kailash by means of scissors. Kailash sustained several injuries. Mukesh (PW 8), Deepak (PW 6) and Rajesh (PW 7) tried to save the deceased, but the accused persons fled away from the scene of occurrence. Injured was taken to the M.Y. Hospital, Indore in an auto-rickshaw. Mukesh (PW 8) lodged the First Information Report (Ex. P-7). Police Registered the case under section 307/34 IPC. Kailash breathed his last in the hospital. The offence was converted into one under section 302/34 IPC. Police prepared the spot map, seized the weapon of offence, collected plain and blood-stained earth and sent them to the Forensic Science Loboratory for examination. Dr. Suresh Kumar (PW 13) conducted the autopsy on the dead body of Kailash. Postmortem report is Ex. P-20. After usual investigation, the accused-appellants were charge-sheeted for the aforementioned charge.

(3.) WE have heard Shri Jaisingh learned Senior counsel assisted by Shri Viveksingh for the appellants and Shri G. Desai, learned Deputy Advocate General, appearing for the State and perused the entire record. Having regard to the postmortem report (Ex. P-20), statement of Dr. Suresh Kumar (PW 13) and the statements of the other witnesses examined by the prosecution, it is crystal clear that the deceased died a homicidal death.