BABLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 29th April 1999 passed by the Sessions Judge, Raipur in ST. No.192/98 whereby learned Sessions Judge after holding the accused/ appellant guilty for commission of offence under Section 302 of the I.P.C. for committing murder of Mohan Soni, sentenced him to undergo imprisonment for life.

(2.) The case of the prosecution, in brief, is that in the intervening night of 7th/8th April 1998 deceased Mohan Soni, accused Bablu @ Mahesh Jain along with witnesses PW-5 Shiv @ Shatrughan, PW-16 Bharat Lal Yadav & Gopi Yadav (since deceased) were roaming in the hotels in front of Railway Station Tilda and they consumed liquor also at two places. Ultimately, in the midnight, witnesses Shiv @ Shatrughan, Bharat Lal Yadav and 3rd associate Gopi Yadav left for their residence, the accused and the deceased also left the place for other side. When the accused and deceased Mohan Soni were going towards petrol pump that raised suspicion in the mind of the witnesses as to why they are going to that side, therefore, they also followed them. However, after some distance, they saw that the accused and the deceased started quarrelling near Sasaholi Railway Crossing where mercury light was burning. They saw that the accused, in the first instance, slapped deceased Mohan Soni and when he fell down, he attacked with a stone on the head of the deceased 4-5 times, as a result of which he sustained fatal injury on the head, occipital and parietal bones were fractured. Next day morning, Abhaydas, Kotwar of village Sasaholi saw the body of Mohan Soni on one side of the road which was between Sasaholi Railway Crossing and Saurabh Petrol Pump. Amritlal, owner of the hotel Ambu identified the body of Mohan Soni as his servant. On this, Abhaydas gave a mere intimation (Ex.-P/1) on 8-4-98 at about 9 a.m. in the Police Station Nevra.

(3.) The Investigating Officer immediately left for the scene of occurrence, after giving notice Ex.-P/2 to the Panchas, prepared Panchanama (Ex.-P/3) of the dead body of the deceased. The Investigating Officer took into possession one pair of sleepers, plain soil & blood stained soil and one blood stained stone weighing about 4-5 kg from the place of occurrence under Ex.-P/5. Clothes of the accused were taken into possession under Ex.-P/6. The Executive Magistrate conducted identification parade of accused Bablu in which witness Shiv identified the accused of which Memo Ex.-P/7 was prepared. Another identification parade was conducted by the same Executive Magistrate of the accused in which witness Bharat identified the accused of which report Ex.-P/10 was prepared. The dead body of the deceased was sent for post-mortem examination to the Government Hospital, Tilda under Ex.-P/8 where Dr. Meena Samual, Assistant Surgeon, conducted the postmortem, prepared the report Ex.-P/30, and opined that cause of death is due to severe haemorrhage as a result of head injury. It was noticed that there were multiple lacerated wounds in the size of 2" to 1" in length, 1" to 1/2" in depth and 1/4th" in breadth all over the head placed on occipital bone, temporal bone and mastoid bone. Right occipital bone was found fractured. There were 6 lacerated wounds on the head. Smell of alcohol was present in the stomach.