MUKESH AHIRWAR Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been filed against judgement and order of conviction under Section 302 IPC and sentence of life imprisonment passed by the Sessions Judge, Sagar in ST No. 382/98.

(2.) The prosecution case, in brief, is that accused Mukesh Ahirwar used to teach Sandhya Raikwar (PW.5) and her brothers and visit their house with effect from December,1997. As per prosecution case marriage of Sandhya (PW.5) was settled in village-Navgaon, District-Chhatarpur. However, it appears that Sandhya (PW.5) wrote letters Article B and C to accused Mukesh Ahirwar. When her marriage was likely to be settled, she had disclosed the factum of writing of letters, to her father Prakash Raikwar. On 26.9.98 when accused went to the house of Sandhya, her mother Krantibai (PW.1) asked him to hand over the letters written by Sandhya Raikwar. Accused asked Sunil Raikwar that he will give back the letters if he accompany him to his house. On that Umesh Raikwar (PW.4) and Sunil Raikwar accompanied accused to his house. Accused asked Umesh Raikwar (PW.4) and Sunil Raikwar to sit outside and thereafter accused went inside the house and brought out the letters, but refused to hand over the letters to Sunil Raikwar, on that Sunil Raikwar made an effort to snatch the letters from him, on that accused with the help of Gupti (pointed sharp edged weapon) inflicted injury on the head and abdomen of Sunil Raikwar , thereafter accused ran behind Umesh Raikwar along with Gupti and chased him for 200 yards. Inspite of being injured ,Sunil also ran towards that direction in order to save Umesh Raikwar, however, he fell down in front of grocery shop of Keshram. On enquiry being made by Surajkumar (PW.6) and Neetu (PW.7), Sunil Raikwar made an oral dying declaration that accused had inflicted Gupti injury on his person. From the pocket of deceased Sunil letters Article B and C were recovered. Sunil was taken in Autorickshaw to PS-Motinagar and then to hospital, he was declared dead by the doctor. Dr.Devendra Kumar (PW.3) performed autopsy on 27.9.98 and found two injuries on the person of deceased, one on the right side of chest and other on the head, both were penetrating incised wounds, cause of death was excessive bleeding due, injuries were found to be sufficient in ordinary course of nature to cause death. Accused was nabbed and on the basis of information furnished by him, weapon of offence Gupti and blood stained clothes were seized, they were sent to FSL for chemical examination, on the Gupti, shirt and full pant of the accused and on the clothes of deceased presence of human blood was found. On serological examination also on the shirt and full pant of accused human blood was found.

(3.) Accused abjured the guilt and submitted that deceased Sunil and Umesh Raikwar did not accompany him to collect letters, he was arrested on 27.9.98. According to accused, there was a cricket team of Suraj, Damodar and Neetu, he was having a different cricket team, as ball had been lost match was declared as drawn, on that accused persons hurled abuse on him. He was falsely implicated in the case. Aggrieved by the conviction and sentence imposed, the appeal has been preferred by the accused.