STATE OF M.P. Vs. VIKAS MISRA @ GOLU

JUDGEMENT

(1.) HEARD on leave application.

(2.) THE State has preferred the present leave application for grant of appeal to appeal against the judgment dated 27.6.2015 passed by the Sessions Judge, Rewa in S.T. No.179/2014, whereby the respondents have been acquitted from the charges of offence under sections 302 or 302/34 of IPC.

(3.) THE prosecution's case, in short, is that, Nagendra Patel (PW2) was prosecuting a business at village Mehsaon (Police Station Gudh, District Rewa). On 14.3.2014 in the noon, the respondents and one Harishankar Tiwari came to his shop on motorcycle. At that time, Parwati Patel (PW3), mother of Nagendra Patel was sitting in the shop. The respondents asked for Gutka and Cigarette on credit then, Parwati Patel demanded for previous amount due towards the respondents. The respondents and Harishankar had started abusing Parwati Patel. In the meantime, Nagendra Patel came out of his house and told the respondents not to shout but, they also abused him. Ramadhar (PW 12) and Dheerendra Mishra (PW 11) came to the spot and they resolved the matter and thereafter, the respondents left the spot. At about 8.30 p.m. in the night, the respondents and Harishankar came on the motorcycle having a bottle containing petrol. They poured petrol on the shop and tried to set fire upon the shop. In the meantime, Sonu Tiwari @ Nagendra Sharma (PW14) came to the spot and he immediately informed Nagendra Patel. Nagendra Patel came out of his house then, the respondents and Harishankar started running towards their motorcycle. Nagendra Patel (PW2) and Dheerendra Mishra (PW11) have held the respondents. On hearing the noise, the deceased Upendra Prasad Chaturvedi also came to the spot. The respondent Vivek Tiwari raised a knife from his pocket and gave a powerful blow on the left side of the chest of Upendra Prasad Chaturvedi an thereafter, the respondents ran away. Upendra Prasad Chaturvedi had died at the spot. An FIR was lodged and dead body of the deceased Upendra Prasad Chaturvedi was sent for the post -mortem and a charge -sheet was filed.