MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 15th March, 2001, delivered by the learned Additional Sessions Judge, Indore, in Sessions Trial No. 23/1999, thereby convicting him under Section 302 of the IPC and sentencing him to suffer life imprisonment with fine of Rs. 2,000/-, in default of payment of fine, to suffer additional RI for 2 years.

(2.) BRIEFLY stated the prosecution case before the Trial Court was that on 9-11-1998 Meharsingh (P. W. 8), Lakhansingh (P. W. 9), Ranveer (P. W. 10), deceased Balveersingh and their companion Lakhan came with their truck at Indore. They stayed near the Hotel (Dhaba) of acquitted co-accused Balram and cooked vegetable by their own. For the purposes of preparation of Roti (Chapati) they had given flour to Balram for which they were required to pay 30 rupees as labour charges. When they received Roti, the same were in burnt condition on which deceased Balveersingh and his companions Meharsingh (P. W. 8), Lakhansingh (P. W. 9) and Ranveer (P. W. 10) went to Balram and complained about preparation of Roti. On this complaint they entered into verbal quarrel during which Balram abuses filthy to the witnesses and when deceased Balveersingh objected filthy abuses, Balram called his servants and other persons who all reached on the spot including the present appellant. Deceased Balveersingh was caught by some persons and appellant struck a blow by knife (Chhura) which landed on the left side of the chest of the deceased who tell on the ground. Witnesses were also assaulted by other accused persons by Lathi and Rod. Witness Meharsingh and other persons immediately took the deceased to Life Line Hospital and got him admitted where he was admitted and ultimately died in the night at 1. 20 AM before performance of operation. The other injured persons were also medically examined. They all had received simple injuries. From the Hospital message was sent to the police station which was recorded as Ex. P-4 and ASI Nain (P. W. 5) reached on the spot. ASI Nain tried to take the statement of Balveersingh but he was not in a fit estate of mind. Dr. Patidar gave report (Ex. P-11) to this effect. During this period, Station House Officer of Lasudiya Police Station, Indore and other police officers reached at the hospital where Dehati Nalishi (Ex. P-13) was lodged by Meharsingh (P. W. 8) and the same was sent to the police station through Constable Munnasingh Tomar (P. W. 2) where crime was registered vide First Information Report (Ex. P-3 ). The dead body was sent for performance of post-mortem. The post-mortem was conducted by Dr. Dubey (P. W. 1) on 10-11-1998 who found one stab injury at the left side of the chest which has damaged to the heart. Deceased died because of this injury. According to the opinion of this doctor death was homicidal. Post-mortem report is Ex. P-1.

(3.) AFTER investigation, charge-sheet was filed against 8 persons. They all had denied the charges. Their defence was that deceased and other truck drivers, his friends, under the influence of liquor were misbehaving and molesting the modesty of women of Bapu Gandhi Nagar area because of which the persons of the said locality pelted stones and assaulted them but thereafter on suspicion the appellant and acquitted co-accused have been falsely implicated. The prosecution has examined in total 14 witnesses in its favour; whereas accused persons had not examined any witness. The learned Trial Court convicted the appellant for commission of offence of murder of deceased Balveersingh and acquitted all other 7 accused persons. Hence, appellant Mukesh has filed this appeal.