RAJENDRA RAJU MATKI Vs. STATE OF M P

JUDGEMENT

(1.) The appeal is directed against the Judgment and order dated 26.7.1990 of Additional Sessions Judge, Ratlam, passed in S.T.No. 113/89, whereby the accused appellant has been convicted under Section 302 I.P.C. for having committed murder of Suresh alias Pappu on 5.8.1989 at about 5.30 p.m. in Jawahar Nagar, Ratlam and sentenced to imprisonment for life.

(2.) The prosecution case in brief is that on the date of incident deceased Suresh alias Pappu was standing in front of the shop of Gabbu Panwala (betel shop keeper) and was drinking water. The accused came running with stretched knife and abused Suresh addressing him You have become bully, I will see you, who and how saves you and stabbed on the chest and on the left side of the abdominal region. Suresh fell down. There was profuse bleeding. Govind (P.W. 11) was present near the shop of Gabbu Panwala some other persons i.e., Lal Cycle keeper, Ramprasad and Ahesan were also present nearby the place of incident. Govind (P.W. 11) tried to help Suresh and requested persons to take the injured Suresh to hospital and he himself proceeded to Police Station Industrial Area, Ratlam and lodged report Ex. P1149. It was taken down by P.W. 15 Rakesh Kumar Nain. He registered the case under Section 307 I.P.C. and directed the injured to be taken to the hospital. He himself reached the hospital. Dr. O.P. Gupta, P.W. 13 examined Suresh and found the following injuries:

(3.) On the death of Suresh case converted to offence u/s 302 I.P.C. Rajendra Kumar Nain (P. W .19) inspected the site and prepared spot map Ex. P/2. Controlled and stained earth, iron buckets with blood marks were seized vide Ex. P 13. Accused was apprehended and arrested. A panchnama Ex. P/14 was prepared. Accused was keeping a knife, it had blood marks. The same was seized vide seizure memo Ex. P115. The accused was wearing a pant which was having blood marks at the place where the knife was kept. The same was also seized vide Ex. P/16. The witnesses - Govind, Lalji, Ahesan, Sahjad, Ramprasad, Jaibabu and Gadhe were questioned and thereafter a request for recording their statements under Section 164 Cr. P.C. was made. The statements were recorded by Smt. Kumud Bala Varna (P.W. 16) J.M.F.C. Ratlam. The clothes of the deceased were also seized during investigation. Articles so seized i.e., controlled and stained earth and two buckets seized from the spot, shirt, pant and underwear of Suresh, knife seized from accused and shirt and Pant seized from his body were sent for chemical examination. There was blood marks in all the articles excepting controlled earth and one bucket. It appears the clothes of the deceased and the knife were also sent for Forensic Science Laboratory and report was obtained. It confirmed the possibility of cut marks in the shirt having been caused by the knife (seized from the accused) and after investigation challan was filed against the accused which was committed to the Court of Sessions in due course. The accused abjured the guilt and pleaded alibi. Learned trial Judge has convicted and sentenced the accused as above. Hence, this appeal.