MANOJ ALIAS BALKRISHNA Vs. STATE OF M P

JUDGEMENT

(1.) BY this common judgment, both the aforesaid appeals are being decided as they arise of the same judgment by the Trial Court.

(2.) BOTH the appellants stood convicted for the offence punishable under Sections 302 and 302/34, Indian Penal Code and each of them is sentenced to suffer imprisonment for life with fine of Rs. 500/- and in default of payment of fine to suffer additional S. I. for two months by judgment dated 15-7-98 passed by the learned Addl. Sessions Judge, Ujjain in Sessions Trial No. 261/96. Being aggrieved by that judgment, the appellants have preferred this appeal. 2. The facts of the prosecution case in short as unfolded before the Trial Court were that Jaswant Mali was carrying on the business of fruit (grape) vendor on a Thela at Sanjay Market, Ujjain. On 5-6-96 at 4. 40 PM near his Thela, nephew of appellant Manoj, carrying on the business as fruit (Water Melon) vendor on a Thela, was cleaning the place by a swab-stick (Jhadu ). The complainant objected to the act of cleaning the place saying that the dust was spreading over the grape On this, the appellant Manoj came there armed with a knife alongwith his friend Deepu. Suspecting fear, the complainant ran away in the nearby Bhang-gnota porch. He was chased by the appellants and was caught by appellant Deepu and appellant Manoj dealt a knife blow on his right side stomach as a result of which his intestines came out. He was rescued by his brother Barik alias Bhupendra, Mangu and Rajesh. The accused persons fled away from the spot. Raja, a vegetable vendor and brother of the deceased took him to the hospital in an auto-rickshaw. Bindukhan (P. W. 10), a compounder in the Civil Hospital, Ujjain gave a telephonic message to Police Madhavnagar, Ujjain which was recorded in Rojnamcha Sanha (Ex. P-15) whereupon the Sub-Inspector Lohare (P. W. 15) reached at the hospital. Dehati Nalishi is Ex. P-16, which was registered at P. S. Madhavnagar. Ex. P-17 is the First Information Report reduced into writing by H. C. Ramesh Sharma (P. W. 8) whereupon the offence under Section 307/34, IPC was registered at Cr. No. 281/96. Police prepared the spot map (Ex. P-1 ). Dying declaration of the injured Jaswant was got recorded by Naib Tehsildar K. L. Meena vide Ex. P-7. The appellants were arrested vide memos Ex. P-2 and P-3. Knife was seized vide Ex. P-5. During treatment, injured Jaswant expired in the hospital on 13-6-96, information whereof was given to the police vide Ex. P-18. Autopsy on the dead body was conducted by Dr. Salil Bhargava (P. W. 11 ). His post-mortem examination report is Ex. P-19. According to Dr. Salil Bhargava, deceased died because of bleeding from injury on peritoneum resulting into shock and haemorrhage. The mode of death was syncope. According to this medical expert, the injuries were sufficient in the ordinary course of nature to cause death and the deceased met a homicidal death. The clothes of the deceased were also seized vide Ex. P-21 and were sent for Chemical Examination. The FSL report is Ex. P-23.

(3.) AFTER due investigation, police filed charge-sheet against the appellants. The appellants denied the charges and claimed trial. Their plea was that they have been falsely implicated. To establish its case, the prosecution examined as many as fifteen witnesses while the appellants did not examine any witness in defence. The learned Trial Court, finding the appellants guilty of the offence charged, convicted and sentenced them as indicated hereinabove.