NANURAM BHANWARLAL Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal the appellants seek quashment of the judgment of conviction and sentence passed against, them by the learned Addl. Sessions Judge, Indore in S. T. No. 383/98 thereby convicting the appellant Nanuram under Section 302 and 323/34, IPC and sentencing him to suffer Imprisonment for life and R. I. for six months respectively and appellant Meharban Singh under Section 302/34 and Section 323, Indian Penal Code and sentencing him to suffer imprisonment for life and to suffer R. I. for one year respectively.

(2.) CO-ACCUSED Gendalal was also tried alongwith the aforesaid appellants, but he has been acquitted from the charges levelled against him. The trial proceeded showing the co-accused Rugnath alias Raghunath as absconding.

(3.) THE prosecution case against the appellants is that on 28-11-97, the Station House Officer of P. S. Lasudiya (PW-1) Mourya received a telephonic message from M. Y. Hospital, Indore that one Shankar resident of village Dhabli Kankad who was brought in injured condition in the hospital has died. On this information, the Station House Officer registered Merg and reached at the hospital. He issued notices (Ex. P/2) to the witnesses for inquest of dead body of the deceased Shankar and sent the dead body for post-mortem examination which was conducted by PW-9 Dr. Jain the same day and his postmortem report is Ex. P/18. On the same day the I. O. recorded the state-merit of the wife of deceased Shankar named Pepubai, Nanuram father-in-law of the deceased and other villagers named Sajjansingh, Gopal, Marigilal and Ramesh etc. On the basis of the statement given by the witnesses, he registered the FIR (Ex. P/ 21) for commission of murder of Shankar against the appellants, acquitted co-accused Gendalal and absconding co-accused Rugnath alias Raghunath. He reached on the spot and on the basis of the information furnished to him by Pepubai, he prepared the spot map (Ex. P/22) and also seized the blood-stained and controlled earth from the spot vide seizure-memo Ex. P/23. On 28-11-97, PW-2 Nanuram s/o Bhagirath was medically examined by PW-8 Dr. Joshi. His MLC report is Ex. P/17. The I. O. arrested the accused persons on 29-11-97 and on the basis of the memoraridurn-statements Ex. P/7, P/8 and P/9, seized the sword- from appellant No. 1 Nanuram through seizure-memo Ex. P/10 and the blood-stained clothes by seizure-memo Ex. P/12. He also seized lathis from acquitted co-accused Gendalal and appellant No. 2 Meharban Singh vide seizure-memos Ex. P/ 13 and P/ 14. The Investigating Officer Shri Maurya sent the sword with querry. The query is Ex. P. /19-A and reply to querry given by the doctor Jain after examining the sword is Ex. P/19. The seized blood-stained articles were sent to the FSL and its report is Ex. P/ 25. According to FSL report P/25, blood was found on the sword, clothes of Nanuram and earth and clothes of deceased. After requisite investigation, the appellants and co-accused persons were charged-sheeted. The fourth accused Rugnath alias Raghunath was shown to be absconding.