NAND KISHORE Vs. STATE OF M P

JUDGEMENT

(1.) Appellants challenge their conviction under section 302 read with 34 I.P.C. and sentence of life imprisonment awarded vide judgment, dated 14/7/1986, passed in Sessions Trial No. 222/83 of Jabalpur Sessions Division.

(2.) The material facts are that on 23/6/1983, at about 10.30 p.m., Santosh Kumar (P.W. 2), Rajkumar Deshwani (P.W. 5) and Ganesh Punjabi (the deceased) after taking tea at a stall were returning to their houses, when they reached near the house of Dr. Abdulla behind Andherdeo mosque both the appellants came from the opposite direction, stopped Ganesh Punjabi and after hurling filthi abuses at him, started stabbing him with knives. Ganesh fellliown at a short distance even then he was assaulted. In the mean time, one or two persons came that way and the appellants ran away. Both the aforesaid eye-witnesses then led from the spot. Some unknown person reported this incident to the police on telephone. The massage was recorded in Rojnamacha Sanha (Ex. P.11. Town Inspector, Shri RC. Tiwari (P.W. 9) reached the spot with force. He sent the injured man alongwith Sub-Inspector, Vishwanath Dube (P.W. 7) to Victoria Hospital with requisition for his medical examination (Ex. P.6/ 2). Where he was reported dead. Santhosh Kumar gave report which was registered as Dehati Nalishi (Ex. P. 5). After recording Marg, Inquest was held vide Ex. P.6/1 and the body was sent for post-mortem examination, vide requisition Ex. P. 12. Since no report from Chemical Examiner or the Serologist is on record the seizure of allegedly blood-stained articles from the scene of Occurrence, the dead body and the possession of the appellants needs no mention having no evidentiary value.

(3.) Dr. A.K. Yadu (P.W. 1) who performed autopsy, found vide report Ex. P. 1 19 incised wounds on various parts of the body. The heart and left lung were involved. There is not doubt that the assailants intended to kill Ganesh. The trial Judge placing reliance on the testimony of the aforesaid two eye-witnesses, recorded the impugned conviction.