SANTOSH Vs. STATE OF M P

JUDGEMENT

(1.) The above named appellant has been convicted for an offence under section 302 of the Indian Penal Code for committing the murder of Chhakkilal on 18/9/2002 at 8 p.m. at Khirhani Phatak, Katni, and sentenced to undergo imprisonment for life. He has also been convicted under Section 25 of the Arms Act 1959 with a sentence of one year rigorous imprisonment.

(2.) According to the prosecution case, on the fateful night of 18/9/2002 at about 8 O Clock, complainant Horilal (PW5), father of the deceased, was sitting in the house of his father-in-law Ramapati Nishad. At that time appellant Santosh and deceased Chhakkilal were quarrelling with each other in front of the house of Chunnilal Nishad. On hearing the cries of Chhakilal, complainant Horilal immediately rushed towards the spot and saw that Chhakilal was being stabbed repeatedly by the appellant with a Gupti (sharp edged weapon) on left side of his chest, left side of the forehead as well as on the occipital region. Resultantly, the deceased fell down and the appellant fledfrom the spot. The incident was witnessed by Pallu Nishad, Jagannath Nishad and others. Dehati Nalishi (Ex.P/1) was written on the spot at about 8.30 p.m. by Town Inspector Akahand Pratap Singh. Crime No.673/02 (Ex.P/2) at Police Station Katni, was registered on the basis of the Dehati Nalishi by Assistant Sub-Inspector Shri U.S.Parihar.

(3.) During the course of investigation, autopsy was conducted by Dr. Naresh Saraogi (PW4). Weapon of offence i.e. Gupti was seized from the spot vide seizure memo (Ex.P/10). Forensic Science Laboratory Report (Ex.P/ 12) was obtained in regard to seized articles.