GULAB RAO NAGLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The sole appellant Gulab Rao has been convicted for an offence under section 302 of the Indian Penal Code (for short "the IPC") for committing the murder of Roshan on 19/3/2003 at 8 p.m. at Bhim Nagar, Bhopal and sentenced to undergo imprisonment for life with fine stipulation, while co-accused Lallu alias Vijay Singh, Guddu alias Ajay Singh and Bachhu alias Rajkumar, were acquitted of the offences charged with. The impugned judgment was passed by I Additional Sessions Judge, Bhopal in Sessions Trial No.174/03 on 10/8/2004.

(2.) According to the prosecution case, in the wake of a quarrel of Roshan with appellant and Guddu Singh of Bhim Nagar in a marriage ceremony 5-6 days prior to the incident, on 19/3/03 at about 8 p.m., Lallu S/o Chain Singh and appellant came to Roshan's house and asked his mother Shakunbai (PW1) about him, on which Roshan answered that he was outside the house. Thereafter, on the pretext of entering into a compromise they took away Roshan with them. After some time, feeling anxious, Shakun Bai also came out followed by her son Kailash and daughter Sushila. In the street of Chokhelal Soni, she saw that some altercation was going on between Roshan, Phool Singh, appellant, Lallu and Bachhu and when they all reached near the house of Chokhelal, Lallu assaulted Roshan by Sword from behind due to which he fell down. Bachhu and two others caught hold of him while appellant repeatedly stabbed Roshan in his stomach by Chhuri (small dagger). Shakun Bai cried for help on which her son and daughter viz. Kailash and Sushila came there, but the assailants, with an intention to cause his death, kept on assaulting Roshan fearlessly and thereafter fled from the spot. Despite the alarm being raised by Shakun Bai, no one from the locality came forward for her help. According to Shakun Bai, at that time electricity was shut off but it was a moonlit night and with Lallu, appellant and Bachhu, there were two more boys of Bhimnagar aged between 20 to 25 years, whom she could identify by face. At that juncture, wife of Chhokhelal, Shivcharan and others came there and in an Autorickshaw of one Irshad, she brought Roshan to 1250 Hospital where he was declared dead. Dehati Nalishi (Ex.P/1) was lodged at the Hospital at 9.45 p.m. by Shakun Bai.

(3.) Autopsy was conducted by Dr. Ashok Sharma (PW4), who noticed, as many as, 5 incised wounds and 10 stab wounds mainly on the chest and abdomen of Roshan. Cause of death was shock and hemorrhage as a result of multiple stab injuries on the chest and abdomen. Weapons of offence viz. a dagger and a sword were seized from the appellant and Vijay Singh alias Lallu vide seizure memos (Ex.P/5) and (Ex.P/12) respectively. The Director of Medico Legal Institute vide his report (Ex.P/19), on examination of the said weapons of offence, opined that the injuries described in the post mortem report, could be caused by those.