STATE OF M P Vs. ANIL KUMAR

JUDGEMENT

(1.) State of Madhya Pradesh, after obtaining leave, has preferred this appeal against judgment of acquittal dated 18-4-1994 passed by III Additional Sessions Judge, Vidisha in Sessions Trial No. 68/91 whereby respondent has been acquitted from charge under Section 302 of IPC.

(2.) As per prosecution story, one Mahesh Tiwari was working as Sector Supervisor at Primary Health Centre, Pipalkheda and prior to it he was attached at Primary Health Centre, Nateran. He was residing at village Ahmed Nagar from where, he used to go to Primary Health Centre Pipalkheda on foot. On 12-10-1990, he left his house at 6 AM to go to Primary Health Centre, Pipalkheda. On the same day, at about 7.30 AM, Brijmohan and Virendra both were going to Vidisha from Ahmednagar on a bicycle. They reached near the field of Kailash Narayan Tiwari which was situated two kilometers (*sic matter) from Ahmed Nagar. They found that in the way, near the well, Mahesh was lying on the ground with his mouth downwards. They called him but he did not respond. Then Virendra touched him and noticed that he was bleeding from left side of his chest. Thereafter, they left that place. It is the case of the prosecution that thereafter Virendra went to the nearby field of Awadh Narayan (PW 13) and one Jagdish who were ploughing their fields by Tractor and informed them that Mahesh was lying dead. Thereafter, Avadh Narayan came there and noticed that Mahesh (hereinafter referred to as deceased only) was dead and near his dead body one country made pistol ("Katta") and a bag were lying. It was also the case of the prosecution that one Munna Bhai was also ploughing his field at a distance of 30 fts. and one Baldeo was also ploughing his field at a distance of 400 fts. Thereafter, Virendra, who happens to be the nephew of the deceased, went to police station Satpada and lodged FIR (Ex. P/8). On the basis of aforesaid report, crime was registered and matter was investigated.

(3.) Rajendra Singh Bhadoriya (PW 9); Station House Officer, Police Station Satpada, prepared spot map (Ex. P/13), seized blood stained earth vide seizure memo (Ex. P/14) and also seized a bag, a diary and a letter vide Ex. P/16. One letter written by the deceased which was treated as homicidal note was also seized by the police and marked as Ex. C1. One.12 bore country made pistol and an empty cartridge was also seized from the spot. The content of the letter (Ex. C1) reads as under :- "MERE GOLI DR. ANIL KUMAR MADVAIYA, NATERAN PHC KE NE MAARI HAI." Dead body of the deceased was referred for post mortem and the said letter was also referred for examination by the hand writing expert. For the purpose of identification of hand writing of the deceased, a copy of TA bill alleged to be in the hand writing of deceased was also seized and both were referred to the hand writing expert. As per the report of hand writing expert, the hand writing on TA Bill as well as document (Ex. C1) was found to be similar. After investigation, chargesheet was filed.