PAPPU Vs. STATE OF M.P.

JUDGEMENT

(1.) SIX persons were tried in S.T. No. 235 of 1990 of Bhopal Sessions Division on charges of committing murder of Bharat Singh and causing simple injuries to Jagdish (P.W.5) and Shankarlal (P.W. 1) on l7.5.1990 in front of Chandbad temple in Bhopal near the Jhuggi helonging to Shankarlal. Vide Judgment dated 10.10.1991 live accused were acquitted and appellant Pappu alias Sirajuddin was convicted u/s. 302 I.P.C. and sentenced to imprisonment for life which is under challenge in this appeal.

(2.) THE appellant was running a Kirana shop near the Jhuggi of Shankar. On the date of incident, i.e., 17.5.1990, at about 7.00 p.m., the appellant alongwith acquitted accused Maniram and Suresh were dancing in front of the said kirana shop where a tape recorder was blaring. Shankarlal protested saying that gekjs ?kj esa cgw csfV;ka gSaA I His protest went unheeded. Then he went and called Vimlabai (P.W. 2) and her husband Santram (P.W. 6) from their nearby dairy. They too requested the dancers to stop their performance which annoyed the later who started uttering abuses and mounted assault. Bittu alias Nizamuddin dealt one blow with a wooden piece forming leg of a cot on the neck of Jagdish, maternal nephew of Shankarlal. When Shankarlal tried to intervene he was also assaulted. Then Bharat Singh, another maternal nephew of Shankarlal came to intervene and he was stabbed to death with a knife by the appellant. The incident was witnessed by Vimlabai, Santram and wife of the deceased, Deobati (P.W. 10). The deceased had brought his wife that very day for the first time after Gouna from village Chopra in Rajgarh district. After the murder the appellant and his associates made good their escape. Bharat Singh was removed to Hamidia Hospital. On receiving information police arrived in the hospital where Shankarlal lodged first information report recorded as Dehati Nalishi (Ex. P. 1) by Ramswaroop Sharma, A.S.I. (P.W. 12). On its basis formal first information report (Ex. P. 22) was recorded at Nishatpura police station and crime No. 211/90 u/s. 307/34 I.P.C. was registered. Town Inspector P.S. Chouksey (P.W. 14) took up investigation. Reaching the spot he prepared sketch map of the scene of occurrence (Ex. P. 7) which is in front of Jhuggi of Shankarlal. Bharatsingh succumbed to his injuries in the hospital. On receiving intimation of his death the offence was converted u/s. 302 I.P.C. read with S. 34 I.P.C. Inquest was held vide Ex. P. 3 and requisition issued for post -mortem examination. Dr. B.P. Dubey (P.W. 11), vide autopsy report Ex. P. 20), found the following injuries on the body of Bharat Singh shown by diagram in Ex. P. 28 :

(3.) STAB wound 2 c.m. x 0.5 c.m. x 5 c.m. 4 c.m. above the anterior superior iliac spine.