SUNIL GANGRADE Vs. STATE OF M P

JUDGEMENT

(1.) APPEAL is directed against the judgment and order dated 22-6-1992 of First Additional Sessions Judge, Khargone, passed in S. T. No. 139/86 whereby while acquitting two accused persons viz. Hariom and Baldeo, accused-appellant Sunil has been convicted Under Section 302 of Indian Penal Code for having committed murder of Gangaram on 4-6-1986 at about 6. 30 PM in village Birul and sentenced to imprisonment for life.

(2.) THE prosecution story in brief is that P. W. 8 Karan and accused Sunil are running a betel shop probably on the road and outer skirts of village Birul. Gangaram was taking betel from the shop of Sunil. It appears that some amount (nearly Rs. 2/-) remained unpaid and, therefore on demand Sunil refused to give betel to Gangaram. There was some exchange of abuses in between the two. Some persons intervened and Sunil went to his house. It is further alleged that after some time Sunil, Hariom and Baldeo called Gangaram, abused him and accused Sunil stabbed him (Gangaram) by a Gupti (sharp edged pointed weapon) on the left side of chest and between 5th intercostal space. Gangaram walked few steps and fell down in front of the shop of Karan.

(3.) POLICE Officer Mahavirsingh (PW 9) was on Gashta duty. Karan (PW 8) lodged report. The same was recorded as Dehati Nalishi (Ex. P/11) and was sent for registration of offence. Shri Shersingh (PW 7) Head Constable recorded the same as FIR (Ex. P/10) and registered offence Under Section 302, Indian Penal Code vide Crime No. 137/86. Police officer Mahavirsingh (PW 9) prepared site map Ex. P/8 and inquest report vide Ex. P/7 after calling the witnesses vide Ex. P/12. Stained and controlled earth was seized vide Ex. P/9. The body of Gangaram was sent for post mortem examination.