KISHAN KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH these appeals arising out of the one and the same judgment and order dated 20-3-2003, passed by the learned Xth Additional Sessions Judge, Indore, in Sessions Trial No. 441/02, hence, they are being decided by a common judgment. By the impugned judgment the appellants in Criminal Appeal No. 329/03 have been convicted under Sections 147 and 302/149 of the Indian Penal Code and sentenced each of them to undergo imprisonment for one year with fine of Rs. 500/- and imprisonment for life with fine of Rs. 500/- respectively. Similarly, the appellant in Criminal Appeal No. 339/03 has been convicted under Sections 148 and 302/149 of the Indian Penal Code and sentenced to rigorous imprisonment for two years with fine of Rs. 500/- and imprisonment for life with fine of Rs. 500/- respectively.

(2.) THE prosecution case as put forth before the Trial Court, in short, is that all the appellants were standing together underneath a Neem Tree in the area known as South Gadra Khedi, Indore, on 14-6-01 in the evening at 7 p. m. They all were abusing each other. Their abuses were over heard by complainant Suresh and his family members. They objected there and also asked them to go away from the said place. The house of the complainant was situated adjacent to the Neem Tree. The appellants asked complainant Suresh to come down from his house. The complainant party including Suresh came down from their house. They were standing on the upper storey. It is said that when deceased Mukesh and complainant Suresh reached near the appellants, appellant Pappan told his companions that both are behaving very rudely, caught them. On this direction given by Pappan to his companions appellant Ranjeet, Premjeet and Golu caught deceased Mukesh from his behind and appellant Kishan caught complainant Suresh. Thereafter, appellant Pappan @ Kishore took out knife. Seeing the knife complainant Suresh and deceased Mukesh raised alarm, attracting mother of Suresh and maternal uncle Tulsiram (P. W. 4) and aunt Sarojbai (P. W. 5 ). By the time these persons reached near appellant Pappan, appellant Pappan caused a knife blow at the stomach of deceased Mukesh. Mukesh ran away from the scene of occurrence and fell on the ground after going some paces. Thereafter, the appellant fled away from the spot. Deceased Mukesh was taken in auto riksha by complainant Suresh, his maternal uncle Tulsiram, aunt Sarojbai and neighbour Indersingh to M. Y. Hospital, Indore. In M. Y. Hospital Mukesh was medically examined and doctor declared him dead. Complainant Suresh (P. W. 1) lodged 'dehati Nalish' (Ex. P-l) in police chowki situated in the campus of M. Y. Hospital. On the basis of Dehati Nalish in Police Station Malharganj the Station House Officer G. K. Reddy registered the offence against the appellants under Crime No. 278/01 under Sections 147, 148 and 302/149 of IPC vide FIR Ex. P-18. The spot map (Ex. P-2) was prepared by the Investigating Officer at the instance of complainant Suresh. After completion of inquest of the dead body the same was sent for post-mortem examination and the post mortem was performed by Dr. N. M. Oonda (P. W. 9 ). His report is Ex. P-5. He found only one stab injury on the chest and one lacerated wound on left arm and one abrasion on left elbow joint. After due investigation charge-sheet was filed against the appellants for the offence as mentioned above.

(3.) THE appellant denied the charges and contended that they were falsely implicated. They examined 3 witnesses in their defence, named Pappan Raghuvanshi, Sunil and Rajesh Jain. Their defence was also that the incident was not witnessed by complainant Suresh (P. W. 1) and later on after registration of the marg intimation report Suresh and other 3 witnesses, i. e. , Leelabai (P. W. 2), Tulsiram (P. W. 4) and Sarojbai (P. W. 5) were introduced as eye-witnesses. Learned Trial Court framed charges against the appellants as mentioned hcre-inabove and the appellants were tried. Learned Trial Court after trial convicted the appellants for the offences mentioned above, relying on the testimony of Suresh (P. W. 1), medical evidence and sought corroboration to the testimony of Suresh (P. W. 1) by statements of Leelabai (P. W. 2), Tulsiram (P. W. 4) and Sarojbai (P. W. 5), who according to the Trial Court reached on the spot lateron.