ABINASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 29.2.2000 passed by the learned Additional Sessions Judge and Special Judge under SC/ST (Prevention of Atrocities) Act, Narsinghpur in ST No. 125/1999 whereby, he has been convicted for offence punishable under Section 302 of IPC and sentenced to life imprisonment and fine of Rs. 1000/ -, in default of payment of fine, further additional RI for one year.

(2.) THE prosecution case, in short, is that on 27.3.1999 witness Hiralal (PW5) along with the deceased Sheikh Amjad were coming towards the house of latter situated at Ramnagar, Bargi Colony, Narsinghpur, on way they met the witness Babulal (PW12) and started talking to him. Thereafter, all of them started smoking beedi. In the meantime, the applicant Abinash @ Bhatole came from behind and caused an injury with a dagger to the deceased Amjad on his back. After having received one blow the deceased Amjad tried to run but, the appellant chased and grappled with him. The appellant then assaulted the deceased Amjad with a dagger 2 -3 times more. Babulal (PW12) and Hiralal (PW5) tried to save the deceased but, could not do so. The appellant Abinash @ Bhatole ran away from the spot soon after the incident. Hiralal (PW5) went to the house of Amjad and informed his father Sheikh Kallu (PW4) about the incident. Sheikh Kallu immediately rushed to the spot and arranged a handcart so that the deceased Amjad could immediately be taken to the hospital but, the doctor reported as brought dead. Thereafter, Sheikh Kallu had lodged an FIR Ex. P/8 at Police Station Narsinghpur. Dead body of the deceased Amjad was sent for postmortem. Dr. Shyamlal Gupta (PW4) had performed the postmortem on the body. He found 4 -5 incised wounds on the body of the deceased situated on left arm, back of the head, left jaw, left shoulder and right waist. Due to assault caused on right waist the right kidney of the deceased was found cut. Similarly there was an injury on back side of liver. The deceased died due to injury caused on his right waist and right kidney. After due investigation, charge sheet was filed before the Chief Judicial Magistrate, Narsinghpur who, committed the case to Sessions Court and ultimately it was transferred to the learned Additional Sessions Judge who, was also empowered as a Special Judge under the SC/ST (Prevention of Atrocities) Act.

(3.) AFTER considering the prosecution's evidence the trial Court has convicted and sentenced the appellant as mentioned above.