SHANKARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the appeals arise out of the common judgment dtd. 22/10/1999 passed by the Additional Sessions Judge and Special Judge, Indore, in S.T. No.458/1995, by which the appellants/accused persons Kailash and Prakash have been convicted u/s 307 of IPC and were sentenced to 7 years of R.I. with fine of Rs.2,000.00 each. Appellant Shankar Singh has been convicted u/s 307 r/w 34 of IPC and sentenced to 5 years of R.I. and fine of Rs.1,000.00, with default stipulation.

(2.) Facts of the prosecution case in brief are that there was some monetary dispute between injured Ajay (PW-1) and accused persons Prakash and due to the same, on 8/6/1995, at around 11:30 PM, when the accused persons Kailash, Prakash and Shankar Singh came to the house of the injured, they took him out for a walk. When they reached at the spot, the accused Shankar caught hold both the hands of the injured. Accused persons Kailash and Prakash assaulted the injured by means of Gupti and knife with intent to kill him. The injured sustained several injuries on his body parts. He raised alarm for his rescue. Then, Chotu (PW-8) and Sajay (PW-9) came at the spot. Thereafter, the accused persons fled away from the place of incident. After the incident, the injured returned home. He narrated the incident to his mother Jaishree (PW-4) and brother Sanjay (PW-6). The injured was taken to Police Station and FIR (Ex. P-1) was recorded by A.S.I. V. P. Vidrohi (PW-12), at the instance of Sanjay (PW-6). Dr. K. K. Verma (PW-15) examined injured Ajay and had given MLC report (Ex. P-17).

(3.) During investigation, SHO D. S. Tambe (PW-14) inspected the place of incident and prepared spot map (Ex. P-2) at the instance of Sanjay (PW-6). He seized blood stained and plain soil from the spot vide seizure memo (Ex. P-3). On 20/6/1995, he arrested the accused persons Prakash, Kailash and Shankar vide arrest memo (Ex. P-8, 9 and 10). On the same day, he recorded memorandum statement of the accused Kailash and Prakash vide memo (Ex. P-11 and P-13). He seized a knife and a Gupti at the instance of accused persons Kailash and Prakash respectively vide seizure memo (Ex. P-12 and P-14). SHO D.S. Tambe (PW-14) sent the aforesaid knife and Gupti towards Dr. K.K. Verma (PW-15) for examination and opinion vide letter (Ex. P-18). After examination, Dr. K.K. Verma (PW-15) had given opinion that all the injuries sustained by the injured may have been caused by the aforesaid knife and Gupti. The SHO D.S. Tambe (PW-14) also sought an opinion from Dr. K.S.Chaudhary (PW-10) through letter (Ex. P-7) dtd. 11/7/1995. On the same day, Dr. K.S. Chaudhary (PW-14) had given his opinion that injuries sustained by the injured were grievous in nature and dangerous to life.