RAJENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under sec. 374 (2) of the Cr.P.C is preferred being aggrieved by the conviction under sec. 302 of the IPC and sentence of life imprisonment and fine of Rs.1,000.00 with default stipulation of one month's additional RI vide judgment dtd. 28/6/2019 in S.T.No.117/2015 by 5th A.S.J, Dhar, district Dhar.

(2.) Prosecution case before the trial court was that on 22/1/2015 at 9 p.m when deceased Banesingh returned to his home at village Gunawat, PS Nalcha, district Dhar, M.P and asked her mother Kankubai (PW/2) water then her mother served water to her son at the Otla of his house. At that time appellant Rajendra @ Raju along with his younger brother Sunil @ Bhuru and brother in law Girdhari came and hurled abusive words alleging that why they flow water of sewage on his house in front of their house and threatened to kill Banesingh. Banesingh asked appellant/accused and his companions not to speak abusive language then Rajendra @ Raju assaulted Banesingh with axe on head. Banesingh fell down and Kankubai raised alarm. Dilip and Shankar came to the spot and Banesingh was taken to district hospital, Dhar for treatment and thereafter a first information report was lodged at PS Nalcha and a crime no.14/15 was registered at PS Nalcha under Sec. 294, 323 and 506 r/w sec. 34 of the IPC. Banesingh was referred to MYH, Indore for further treatment and Banesingh died in MYH, Indore at 5.30 p.m on 23/1/201. A Marg No.047/15 was registered at PS Snayogitaganj, Indore and autopsy of Banesingh was performed. PS Nalcha was intimated and sec. 302 of the IPC was added. After investigation a final report under sec. 173 of the Cr.P.C was submitted to the Court of JMFC, Dhar where criminal case no.577/2015 was registered and matter was committed to the court of Session Judge, Dhar against appellant along with Sunil @ Bhuru and Girdhari. Rajendra @ Raju along with Sunil @ Bhuru and Girdhari were prosecuted under Sec. 294, 506 Part-II, 302 or alternatively 302 r/w sec. 34 of the IPC. All three persons abjured guilt and claimed for trial.

(3.) Prosecution examined as many as 17 witnesses including the mother of the deceased Kankubai as PW/2, wife of deceased Smt.Sangeeta as PW/3, witness Anandilal as PW/4, Shyamlal as PW/5, Head Constable Sakharam as PW/1, Sub Inspector OP Sharma as PW/6, Patwari Smt.Rama Waskel as PW/7, Prahlad as PW/8, Manoj Rathore as PW/9, Girdhari as PW/10, Asstt. Professor MGM medical college, Indore Dr.BK Singh as PW/11, Dr.Devan Unni as PW/16, ASI Trilok Bourasi as PW/12, Arun Kumar as PW/13, Kailash as PW/14, Kamal Singh as PW/15, ASI Ajit Singh Kushwah as PW/17. In examination under sec. 313 of the Cr.P.C appellant/accused Rajendra @ Raju either denied or expressed ignorance regarding all the facts and circumstances appeared in prosecution evidence against him. No evidence was adduced in evidence. Appreciating the evidence trial court acquitted Sunil @ Bhuru and Girdhari from all charges and also acquitted the appellant/accused Rajendra from Sec. 294 and 506 Part-II of the IPC and convicted appellant under sec. 302 of the IPC and sentenced as per para-1 of the judgment.