STATE OF M P Vs. SUNIL JAIN

JUDGEMENT

(1.) APPELLANT/state has preferred this appeal aggrieved by the impugned judgment dated 14-7-1994 passed by Additional Sessions Judge, Vidisha in sessions trial No. 1 of 1992 whereby, the respondent Sunil Jain alias Takki was acquitted of the charge under Section 302 of ipc and respondents Manoj Rajput, Anil sengar and Dippu alias Devendra Singh have been acquitted of the charge under section 302/34 of IPC.

(2.) PROSECUTION case, in short is that on 10th July, 1991, a reception dinner was going on of the marriage of Digvijay Singh chauhan (P. W. 1 ). In the reception party, dipak Sharma and respondent Manoj rajput started quarreling. The persons present there intervened. Later on, Manoj rajput went out side from the venue of reception. After sometime, respondent Sunil jain alias Takki and Anil Sengar came there and hurled filthy abuses. Respondent Sunil jain alias Takki took out a Katar to inflict injury. Digvijay Singh snatched Katar from respondent Sunil alias Takki. Digvijay Singh and his brother Ranvijay Singh (P. W. 7) were taking respondent/accused Sunil Jain alias takki on motorcycle to police station, basoda. On way to police station near tarataran Jain Chaityalaya respondent-accused Dippu alias Devendra Raghuvanshi asked Digvijay Singh that where he is taking Sunil Jain alias Takki. At this juncture, respondent Dablu alias Jitendra Tomar reached on the spot and they started talking. Suddenly, respondent Sunil alias Takki slapped Ranvijay Singh. Respondent Dippu alias Devendra Raghuvanshi took out a knife from his pocket and handed over it to the respondent Sunil Jain alias Takki. At this juncture, brother-in-law of Digvijay Singh deceased Gopal Singh Kushwah reached on the spot. Respondent Sunil Jain alias Takki, anil Sengar, Dabboo Tomar and Manoj rajput were beating and scuffling with ranvijay Singh. Deceased Gopal Singh tried to intervene to save Ranvijay Singh. Respondent Sunil Jain alias Takki dealt a knife blow near the right collar bone on the chest of gopal Singh. Gopal Singh sustained injury and the blood was oozing out from the injury.

(3.) DIGVIJAY Singh (P. W. 1) and Ranvijay singh (P. W. 7) took injured Gopal Singh by an autorickshaw to Civil Hospital. Digvijay singh went to Basoda Police station and lodged FIR Ex. P/1 on 10-7-1991 at about 9. 10 p. m. A Katar was seized from Digvijay singh. Dr. Vimal Chand Vatsalaya on 10-7-1991 at about 8. 50 p. m. examined Gopal singh Kushwah and found following injuries on his person as per medical report Ex. P/5. "penetrating wound one in number 3. 5 cm x 2 cm thoracic cavity deep soft blood clot present in the wound. On cleaning the wound, fresh blood was present with emitting air bubbles situated obliquely over the upper outer odorant of right side of the chest below the lateral l/3rd of clavicle and 3. 5 cm above from the right anterior axillary fold. Margins smooth clean-cut, well defined and averted. Direction of the wound detected with the help of rubber cathodal. The direction forward, downward and medially. Surgical emphysema present over the right side of the chest, neck and right side of face. Red bright blood was present on the mouth. "