ROHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred present criminal appeal under Sec. 374 of Code of Criminal Procedure, 1973 (in short'Cr.P.C.') against the impugned judgment of conviction and order of sentence dtd. 20/10/2010 passed by II Additional Sessions Judge Indore (M.P.) in S.T.No. 846/2009, whereby the appellant has been convicted for the offence under Sec. 302 of Indian Penal Code, 1860 (in short'IPC') and sentenced to undergo Life Imprisonment with fine of Rs.5,000.00; and under Sec. 307 read with Sec. 34 of IPC and sentenced to undergo 10 years RI with fine of Rs.5,000.00 with usual default stipulation.

(2.) The prosecution story in brief is that deceased Neera alongwith her two daughters Ashima Vyas and Astha Vyas was residing at Martand Niwas Indore. In the same building at first floor, appellant Rohan and his father Prakash Choudhary also resided. The owner of said building is Pramila Choudhary who is mother of deceased Neera. On 9/5/2009 at about 8 pm while deceased Neera alongwith her mother Pramila (PW-2) was in her bedroom and her daughters Ashima and Astha were watching T.V in different rooms, at that time, appellant Rohan by wearing hand gloves in his hands alongwith his friend juvenile Ayush came there. At about 9 o'clock when Neera went to kitchen for preparing tea, at that time Rohan also went inside the kitchen. On being attacked, deceased cried. On hearing this, Astha went to kitchen and she also cried. Pramila and Ashima rashly went to kitchen and saw that Neera and Astha both were in injured condition. Neck of Neera was cut and blood was oozing out. Astha sustained injury over her neck and face, two blood stains knives were lying there. Both victims were taken to MY Hospital Indore, where Neera was declared brought dead. During investigation, it has been gathered that appellant and co-accused juvenile Ayush caused injury by knife to deceased Neera and injured Astham. Dr. Chirag Doshi (PW-18) conducted MLC of Astha and found incised wound over her neck and other parts of the body.

(3.) Prosecution case in further is that Dr. A.K. Lanjevar (PW-22) conducted MLC of deceased Neera and found cut injuries over her neck and trachea respiratory tube and right cervical blood vessel has been found cut and as per his opinion, death of deceased is homicidal in nature and due to excessive bleeding on vital part. During investigation, Sub Inspector Anis Khan (PW-26) and Pavan Mishra (PW-27) prepared a spot map. The seized two blood stained knives, blood stained hand gloves, one pair of hand glove, school bag of Ayush, wrapper and soap have been also recovered. They recorded the confessional statement of the appellant and recovered two knives and its purchase bill from his possession. Blood stained cloth has been recovered from the possession of the appellant. The seized articles were sent to FSL for chemical examination. FIR has been registered and appellant has been arrested.