RAKESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) The two appeals have been preferred by Mithilesh and Rakesh Kumar who were tried and convicted by trial Court. Appellant Mithilesh of Criminal Appeal No. 1069/1990 was held guilty of offence under Section 302 of Indian Penal Code (hereinafter referred to as the IPC') and appellant Rakesh Kumar of Criminal Appeal No. 903 of 1990 was found guilty under Section 302 read with Section 34 of IPC. Both the appellants have been directed to suffer rigorous imprisonment of life.

(2.) In brief the case of prosecution is that on 1 -11 -1989 at 9.30 a.m. one Govind Singh and his cousin brother Mukesh (hereinafter referred to as the deceased') were going to their fields, on the way accused persons met them. Govind Singh made a demand to return Rs. 100/- from accused Rakesh, which he borrowed from him a month earlier to the incident, as a result of which accused persons hurled abuses to said Govind Singh as well as to deceased. Govind Singh refrained the accused persons and asked to re-pay the loan amount as soon as possible. Thereafter, Govind Singh and deceased went to their fields. It be seen that in the township of Kareli, the house of Govind Singh and deceased are in front to each other. On the same day in the night at 10-10.30 p.m. accused persons arrived in front of the house of deceased and hurled the abuses and on being refrained by Govind and deceased they went away. Thereafter, accused persons again arrived after half an hour and again started showering the filthy abuses, at that juncture the main door of Govind Singh was open. The locality was enlighted by tubelight installed by Municipality. At that juncture, deceased was going to evacuaie. it. is said that appellant Rakesh was canying a Ballam. On seeing the deceased, accused Mithilesh snatched Ballam from Rakesh and inflicted its blow on the neck region of deceased and the Ballam was penetrated to go such deep as it could not be taken out from the neck. On hearing hue and cry, several persons including Ravi Raghuvanshi, Prahlad Raghuvanshi, Santosh Raghuvanshi and Sunder Raghuvanshi arrived at the spot. These persons saw the incident. Thereafter accused persons fled from the spot. Govind Singh, thereafter went to lodge report in police station Kareli, on the way Santosh came and informed that the deceased was being brought in a bullock-cart but on the way he passed away. Thereafter, first information report was lodged on 1-11-1989 at 11.55 in the night by Govind Singh.

(3.) On lodging of First Information report, the criminal law set in motion. The police party arrived on the spot on 2-11-1989 at 9 in the morning and at the instance of Govind Singh prepared the spot map. The Panchayatnama of dead body was prepared and the dead body was sent for post-mortem in Government Hospital, Barman because facility of post-mortem was not available in Kareli hospital. Since no doctor was available on that day, Dr. Ishwari Prasad Varma was called from Primary Health Centre, Chawarpatha who conducted the postmortem at Barman hospital on 2-10-1989 at 11.30 a. m. The doctor found one penetrating wound in the neck of deceased. During post mortem, Dr. Ishwari Prasad Varma took out the blade of Ballam from neck and after sealing it handed it over to the constable along with the dead body.