SURESH Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 8.9.2003, passed by First Additional Sessions Judge, Chhindwara in Sessions Trial No.12/2002, convicting them under Section 302/34 and 324/34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.1000/- and rigorous imprisonment for one year with fine of Rs.500/-, on each count respectively.

(2.) In short, the prosecution case is that in the town of Chhindwara, in front of a liquor shop, there was a Mangoda shop of complainant Ashok (PW-5). Laxman (deceased) and his son Baba used to work in that shop. On 17.11.2001, at about 6.30 O'clock in the evening, when deceased and his son were selling Mangodas, appellants Suresh, Ashok and Naresh passed from the front of the shop of Ashok after taking a liquor bottle from the liquor shop. Suddenly, liquor bottle slipped from the hands of Suresh and broke down in front of the shop. When deceased asked appellant Suresh to remove pieces of glass scattered in front of the shop, he got annoyed and saying that he would kill him, pierced the spear in his abdomen, which he already had in his hand. When Ashok (PW-5) tried to save deceased, all the three appellants grappled with him and Suresh inflicted a blow of spear on his abdomen also. Baba (PW-6) was also beaten by them. Ashok immediately went to Police Station, Chhindwara and lodged first information report (Ex.P/22) at 7.00 pm. Deceased and injured Ashok were sent to District Hospital, Chhindwara where deceased expired in the night. After his death the case was converted into an offence under Section 302 of the Indian Penal Code.

(3.) Investigating Officer J.S. Bisen (PW-15), after recording first information report, went to hospital and recorded statement of deceased under Section 161 Cr.P.C. He went to the place of occurrence, prepared spot map and seized broken pieces of glass from the spot. After the death of deceased, he conducted inquest proceedings, recorded memorandum (Ex.P/2) and referred the body of deceased for postmortem examination. Dr. R.K. Gohiya (PW-13), who had examined the injuries of deceased while he was alive, conducted the postmortem examination and found injuries on the body of deceased caused by sharp cutting weapon. Investigating officer arrested appellants and seized their clothes stained with blood. He also seized a spear on the information furnished by appellant Suresh. All the articles were sent to Forensic Science Laboratory for examination. After completion of the investigation, charge sheet was filed and the case was committed for trial.