LATTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment dated 25-7-1995 rendered in Sessions Trial No. 29/93 by the learned First Addl. Sessions Judge, Khargone, thereby by finding the appellant guilty of the offence under Section 302, Indian Penal Code, convicted and sentenced him to undergo imprisonment for life.

(2.) THE factual matrix giving rise to this appeal, in short is that on 13-11-92 in the night at 9. 00 9. 30 P. M. near Panchayat Building of Village Panali, the deceased Shyama asked the appellant as to why he came over there because he was misbehaving with the girls. On account of this, there was a quarrel between the deceased Shyama and the appellant. The appellant assaulted the deceased Shyama by kicks and fists as well as by knife. On 14-11-92 in the morning at 5. 00 5. 30 A. M. Tutibai, mother of the deceased raised alarm on which Mangat Bhilal (P. W. 2) went behind his house and on Kaldi way found the dead body of the deceased having blood on the chest. Some more persons were also present near the dead body. Report of Merg No. 28/92 was written. In this Merg Report, the name of the assailant was written as 'unknown'. During Merg enquiry map (Ex. P-4) was prepared. Notice (Ex. P-2) was given to the witnesses for inquest of the dead-body. The inquest report is Ex. P-3. In this inquest report, the name of the assailant was not mentioned, but therein it was mentioned that the deceased was assaulted by 'unknown' person. From the spot, vide Ex. P-5, blood-stained earth and controlled earth were seized and offence was registered on 14-11-92 vide First Information Report (Ex. P-19 ). The dead body was sent for post-mortem examination. Dr. K. S. Thakur (P. W. 1) performed the autopsy on the dead body and gave post-mortem report (Ex. P-1 ). In the First Information Report also, the name of the assailant was not mentioned and nobody came forward till that time to disclose about the assailant or to give any clue regarding the evidence of murder of Shyama Chowkidar.

(3.) THEREAFTER, on 15-11-92, Shivram (P. W. 10) was examined as a witness of oral dying-declaration and Pandhari (P. W. 15) and Tulsiram (P. W. 14) were examined as witnesses of extra-judicial confession made by the appellant before them. Narayan (P. W. 13) was examined for the evidence of quarrel taking place between the appellant and the deceased in the evening of 13-11-92. The appellant was arrested on 16-11-92. On his information memo (Ex. P-7), the knife was seized, vide seizure memo (Ex. P-8 ). His blood-stained clothes were also seized vide Ex. P-9 and Ex. P-10. This seizure was effected before Budhan (P. W. 4) and Chandu (P. W. 16 ). The knife and the clothes were sent to Forensic Science Laboratory and according to its report (Ex. P-20), simple blood was present on these articles, but the same was not confirmed as human blood by the Serological Report vide Ex. P-21. After the investigation, charge-sheet was filed before the Court.