MUKESH BARETHA Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by appellant/accused through Jail Authorities, Central Jail, Gwalior against the judgment dtd. 14/2/2014 passed in Sessions Trial No.228/2013 (State of M.P. v. Mukesh Baretha) by 1st Additional Session Judge, Bhind (M.P.) by which the learned 1st Additional Session Judge has held the appellant/accused guilty for causing death of his brother-in-law/Bantu @ Suresh and injuries to his mother-in-law - Gaura Bai and brother-inlaw -Ramsiya for attempt to murder and convicted and sentenced the appellant as under:-

(2.) In short, the prosecution story is that on 29/7/2013, complainant Nema (PW-1) was at her home situated at Bheemnagar alongwith her mother-in-law- Gaura Bai (PW-2) wife of the deceased- Bantu @ Suresh, Sister-in-law (Devrani)- Reeta and Sister-in-law (Nanad)- Rekha (PW-3). In the afternoon of the said day, accused- Mukesh came and started abusing and asked as to why they were not sending her wife- Rekha to his home (matrimonial home) and when Bantu @ Suresh objected to the abuses, appellant took out a knife from the pocket of his pant and with an intention to kill, stabbed Bantu @ Suresh on the left side of chest and on the left thigh of Bantu @ Suresh. When relative of complainant, Ramsiya (PW-4) tried to intervene in the matter, then accused stabbed him on the left side of his chest and also stabbed near the left armpit of his mother-in-law- Gaura Bai. At the time of incident, Ramkaran (PW-7) and Banshi arrived at the spot. Thereafter, appellant ran away from the spot. Meanwhile, neighbors reached the house of the complainant and they took the injured persons to the hospital where Bantu @ Suresh was declared dead.

(3.) Complainant- Nema (PW-1) lodged the Dehati Nalisi Crime No.0/13 (Ex.P/1) at the hospital and FIR (Ex.P/11) bearing Crime No.359/2013 was registered at Police Station- Kotwali, District- Bhind (M.P.) by Devendra Singh (PW-8) ASI of Police Station- Kotwali, District- Bhind (M.P.) on receiving Ex.P/1 Dehati Nalisi. Accused was apprehended and on the basis of memorandum recorded under Sec. 27 of Evidence Act (Ex.P/8), recovery of knife was made from the possession of the appellant/accused alongwith blood stained cloths of accused, seizure memo is Ex.P/10 and seizure memo of blood stained & normal soil is Ex.P/9. After recording the statement of witnesses under Sec. 161 of Cr.P.C. and investigating the matter, charge-sheet was filed. On being charged under Sec. 302 and 307 (two counts) of IPC by the learned Court, accused denied the charges and pleaded innocence and demanded trial.