SANJU ALIAS TOTA Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of the parties, the case is heard finally at motion hearing stage.

(2.) In nutshell, the prosecution case before the trial Court was that the deceased Premlal was the resident of Gupteshwar, Jabalpur and was running a shop in the name of Jeevan. On 3/4/2015, he was sitting in his shop, at about 08:00 am, Sanju @ Tota and one person who is son of Munna reached in shop armed with iron rod. The son of Kallu falwala was also there and all the three persons started abusing him and entered into his shop. Sanju @ Tota after abusing him, said to him that his ganja was caught due to him/deceased and both of them started assaulting him with iron rods and the son of Kallu Phalwala also started assaulting him with the hands and fists. He had cried for help, Ramunna Sahu and Rakesh Chakravarti came there and rescued him and the accused persons threatened him while they were going from the spot. In the injured condition, the victim/deceased was brought to police station Gorakhpur, then he lodged the F.I.R. that was registered as a Crime No.176 of 2015 for the offence punishable under Ss. 294, 323, 324 and 452, 506 read with 34 of the Indian Penal Code. The deceased was sent for medical examination. Medical examination was conducted by duty Dr. Monika Kapoor (PW-5) in Jabalpur Medical Hospital. During treatment, the deceased died and autopsy was conducted on 3/4/2015 by Dr. Virendra Kumar Maravi (PW-7). During investigation, the spot map was prepared. The appellants were arrested and from their possession, an iron rod, iron pipe and motorcycle were recovered. The case was submitted before the Judicial Magistrate First Class, Jabalpur and on commitment, transfer before the trial Court.

(3.) The trial Court framed the charges under Ss. 120-B, 450, 302, 294 and 506 of the Indian Penal Code against the appellants. Appellants and the co-accused persons abjured the guilt and prayed for trial. The trial Court recorded the prosecution evidence and examined the appellants under Sec. 313 of the Code of Criminal Procedure. The appellant No.2 Chandan has taken the defence that he has been falsely implicated in the case and at the time of offence, he was not present on the spot but was working in Dhanwantri Nagar Bhukamp Colony as a labourer.