MABEL HARRY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 3.1.2005 passed by the First Additional Sessions Judge, Hoshangabad in ST No. 44/2003 whereby they have been convicted of the offences under Section 302/34 and Section 324/34 of IPC and sentenced to life imprisonment. No separate sentence was passed for the offence under Section 324 of IPC.

(2.) The prosecution's case, in short, is that on 4.8.2002 at about 9:00 PM, victim Gladvin along with his son deceased Gadvin and daughter-in-law Monika (PW-2) was present in his house situated at Deshbanhupura (Police Station Itarsi District Hoshangabad). At about 9:15 PM two patients had knocked the door of victim Gladvin and asked about the address of appellant No.1 Mabel Harry. Victim Gladvin gave the address of appellant No. 1 to those patients. However, after a few minutes, appellant No.1 visited the house of victim Gladvin and started quarrelling on the pretext that the complainant had prohibited the patients from visiting his house. Appellant No. 2 Sunil Harry had followed the appellant No. 1 in her visit to the house of the complainant. During the heated exchange of words between the parties, Sunil Harry went to his house and brought a dagger (gupti). Thereafter appellant No. 1 along with her son Melbin (juvenile) held the victim Gladvin and appellant No. 2 Sunil Harry gave some blows of dagger on the chest and abdomen of the victim Gladvin. When deceased Gadvin, son of the victim Gladvin intervened and tried to save his father, then he was also held by the appellant No. 1 and her son Melbin and the appellant No. 2 gave some blows of dagger to Gadvin causing him fatal injuries. Monika (PW-2) immediately informed Gideon (PW-4), brother of deceased Gadvin about the incident on phone and thereafter victim Gladvin and deceased Gadvin had been taken to the hospital by a rickshaw. Dr. Arun Kumar Shivani (PW-8) gave intimation Ex.P-8 to the Police Station Itarsi, whereafter ASI Makrand Singh Patel (CW-1) visited the hospital and recorded a Dehati-Nalishi (spot FIR) Ex.C-1. On the basis of the information given by Gideon (PW-4), Head Constable Arjun Singh (CW-2) registered a case by recording FIR Ex.C-2. Dr. Arun Kumar Shivani gave an MLC report Ex.P-9 and P-10 after recording the injuries of deceased Gadvin and victim Gladvin. Deceased Gadvin died during his treatment, and therefore his dead body was referred for the postmortem. The Investigation Officer had recovered a dagger from appellant Sunil Harry and also seized his blood stained clothes. These articles were sent for forensic science examination to the Forensic Science Laboratory, Sagar (for short "FSL"). After due investigation a charge sheet was filed before the JMFC Itarsi, who committed the case to the Sessions Court, Hoshangabad and ultimately it was transferred to the Additional Sessions Judge, Hoshangabad.

(3.) The appellants abjured their guilt. They took a plea that victim Gladvin visited their house in a drunken condition and started quarreling. He assaulted appellant No. 1 and her husband appellant No. 2. Appellant No. 1 sustained some injuries with the point of a knife and appellant No. 2 had also sustained some injuries. In defence, various documents relating to MLC report of the appellants, FIR Ex.D-6 lodged by the appellant No.1 were produced on record. In defence K.W. Morya (DW-1), Constable Damodar (DW-2), Anjana Harry (DW-3), RP Tikariya (DW-4) and Dr. R.K. Damle (DW-5) were also examined.