RAVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All these three criminal appears are arising out of a common judgment and therefore, they are being decided by this common judgment. All these three appeals have been preferred under Sec. 374 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') against the impugned judgment dtd. 06/12/2012 passed by Additional Sessions Judge and Special Judge (Electricity Act) No.5, Indore (M.P.) in Sessions Trial No889/2011, whereby appellant Ravi has been convicted for the offence under Sec. 302 of the Indian Penal Code, 1860 (in short 'IPC') and appellant Rohit and Sunderlal have been convicted for the offence under Sec. 302 read with Sec. 34 of the IPC and all the appellants have been sentenced to undergo Life Imprisonment with fine of Rs.5,000.00 with usual default stipulation.

(2.) The facts of the case in brief are that on 07/08/2011 at about 11:30 PM complainant Suresh (PW-1) lodged an FIR (Exhibit-P/1) at Police Station Palasia, Indore by stating that on 07/08/2011 when he went to see his maternal grandmother namely Gangabai at her house, who was discharged from Mayank Hospital and was at the house situated at 77, Vinoba Nagar along with deceased Dharmendra, Mukesh (PW-5) and Rajesh (PW-3) and maternal aunt Shakun after some time Dharmendra went outside the house. At about 10:00 PM a boy, resident of same vicinity, reached there and informed that Dharmendra was being assaulted by some unknown assailants. On receiving the said information, complainant along with other family members reached near the spot and saw that appellant Rohit and Sunderlal have caught hold the Dharmendra and appellant Ravi was assaulting Dharmendra by knife. On making hue and cry by deceased, all the accused persons fled away from the spot. Injured Dharmendra was brought to the M. Y. Hospital, where Doctor declared him brought dead.

(3.) The prosecution story is further that Sub Inspector Ashish Singh Panwar (PW-11) prepared a Naksha Panchnama (Exhibit-P/5) and recovered blood stained sport shoe and sample of blood from the spot vide seizure memo (Exhibit-P/2). Dead body of the deceased was sent to the M.Y.Hospital, Indore. Dr. A.K. Lanjewar, Dean, Forensic Medical Department performed the postmortem of the deceased Dharmendra and found 25 injuries over his whole body. He opined that death of the deceased was due to the shock and hemorrhage as a result of multiple injuries to the various visceral organs and injuries are homicidal in nature. Investigating Officer on the basis of discovery statement made by the appellant Ravi recovered a blood stained shirt, baniyan and knife from the possession of appellant Ravi. All the accused persons were arrested. Seized articles were sent to the FSL for its chemical examination and as per the FSL report, human blood was found over the seized knife and cloths of the appellant Ravi.