SANIYA Vs. STATE OF M. P.

JUDGEMENT

(1.) BY this appeal, the appellant seeks to challenge his conviction under sections 302 and 324 of the Indian Penal Code, and consequent sentences of imprisonment for life and RI for three years respectively vide judgment dated 7.5.1999 passed in Sessions Trial No. 44/98 by the learned 1st Additional Sessions Judge, Alirajpur District Jhabua.

(2.) BRIEFLY stated, the prosecution case as unfolded before the trial Court is that on 12.10.1997, in the night at 1:00 A.M. at Police Station, Alirajpur injured Bhupendrasingh lodged the report Ex. P-7 to the effect that he was a resident of village Dhanpur Patel Falia and studied up to tenth standard and also carries on agricultural operation. On previous day in the evening he and his wife were sleeping inside the house after taking night meals. At that juncture at about 11:00 P.M. his aunt Idli came to his house and informed that the appellant was doing nothing and wandering here and there, for which he was warned by his father Chhendiya (PW 3) as to how he would meet his expenses and some verbal altercation took place between them, at which the appellant shot an arrow which pierced at the left side ribs of PW 3 Chhendiya, father of the appellant. After hearing this from the aunt Idli, Bhupendrasingh and Idli reached at the place where Chhendiya (PW 3) was lying near the hutment of Chhagan Bhilala. He tried to take out the arrow from the body of Chhendiya. Although he took out the wooden part of the arrow but the blade thereof remained embeded. At that time, the appellant reached over there having bow and arrow, abused him filthily and while uttering that the deceased was trying to become a robust and as to why he had taken out the arrow from the body of his father he shot an arrow which pierced at the right side of chest of Bhupendrasingh and the blade of arrow remained embeded in the chest of the deceased. Thereafter the appellant fled away from the scene of occurrence. The incident was witnessed by his daughter Meera, Karma, one Shankar, aunt Idli and brother Chhendiya (PW3). On the spot, his another brother Doomsingh and Walibai (PW 5) also reached, to whom the deceased disclosed about the incident. The deceased was taken to the Police Station by Sarpanch of the village in his jeep. He was accompanied by his brother Doomsingh (PW 8) and other witnesses Meera (PW 6), Karmabai (PW 7) and brother PW 3 Chhendiya. Bhupendrasingh lodged the report Ex. P-7 which was recorded by PW 10 Virendrasingh Sub- Inspector. Bhupendrasingh was sent to the hospital where he was examined by PW 11 Dr. K.C. Gupta. PW 3 Chhendiya was also examined by this doctor. The MLC report of the deceased is Ex. P-22 and that of Chhendiya is Ex. P-20. Dr. Gupta recorded the Dying Declaration Ex. P-23. Thereafter the Dying Declaration Ex. P-4 was also recorded by PW 9 Executive Magistrate V.K. Dhoka. The deceased remained hospitalized for about seven days and succumbed to the injury on 19.10.1997. Postmortem was performed by PW 4 Dr. N.S. Dabur. The postmortem report is Ex. P-6. After due investigation the appellant was charge-sheeted for commission of the offences punishable under sections 302 and 307 of the IPC.

(3.) LEARNED counsel for the appellant at the outset advanced the only argument that even if complete prosecution case is accepted, the offence at the most would travel only under section 304 (Part II) of the IPC against the appellant, because the appellant was not having any enmity or bad blood with the deceased Bhupendrasingh and appellant got annoyed when Bhupendrasingh intervened in the dispute between the appellant and his father PW 3 Chhendiya.