LACHCHHU @ LAXMINARAYAN SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 5.2.2004 passed by the learned 5th Additional Sessions Judge, Bhopal in ST No.240/2003 whereby he has been convicted for an offence punishable under Section 302 of IPC and sentenced to life imprisonment and fine of Rs.20,000/-, in default of payment of fine, an additional RI for two years.

(2.) The prosecution case, in short, is that on 7.7.2003 at about 1:50 AM in the night witness Bhagwandas (PW-1) had lodged a Dehati-Nalishi (FIR) to Sub Inspector K.K.Verma of Police Station Nishatpura, Bhopal that the appellant Lachchhu @ Laxminarayan Sharma was his neighbour and there was enmity between the deceased and Lachchhu Sharma since the last festival of Holi. On 30.6.2003 appellant Lachchhu threw eggs kept in the handcart of the complainant and his brother and also abused them. On 7.7.2003 at about 12:30 AM in the night Bhagwandas and his brother Ramprasad had closed their business of selling eggs and were returning to their house. In front of their house, appellant Lachchhu, his brother Satyanarayan, Shankar and Munni Bai, attacked the deceased Ramprasad. Appellant Lachchhu had a dagger in his hand whereas other accused persons had rod and sticks. Appellant Lachchhu repeatedly assaulted the victim Ramprasad by that dagger on his chest and Munni Bai assaulted him by a stick (lath). In the meantime, two companions of appellant Lachchhu reached the spot and one of them also assaulted the victim Ramprasad by a dagger and second companion assaulted the complainant Bhagwandas by a stick on his head, forehead, left elbow and left palm of his hand. The deceased Ramprasad on sustaining injuries fell down on the earth. The blood was oozing from his body and thereafter the accused ran away.

(3.) The appellant-accused abjured his guilt. He did not take any specific plea in the case, but he has stated that he was falsely implicated in the matter. In defence Dr. Nirbhay Shrivastava (DW-1) was examined, but such defence evidence was given in favour of another accused.