SANTOSH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellants have preferred this appeal against the legality and propriety of the judgment dated 30th April, 1998 of the learned XIII Additional Sessions Judge, Indore, in Sessions Trial No.421 1995 whereby appellant Santosh has been convicted under section 302 of the Indian Penal Code as also under section 323 read with section 34 of the Indian Penal Code, and, appellant Suresh under section 302/34 of the Indian Penal Code and section 323 thereof. The appellants have been awarded sentence of imprisonment for life and fine of Rs.1,000/ - for the offence of murder and six months' rigorous imprisonment for causing injuries to Rekha (PW1) and Kamlabai (PW2).

(2.) ACCORDING to the case of the prosecution, Keshar Singh was residing in village Rau in Badi Mohalla and was engaged in the work of loader in Transport Nagar. On 4.9.1994, at about 11:00 p.m., while Keshar Singh (deceased) was in his house and sleeping on the floor, accused Santosh started hurling abuses from outside his house stating that he was poisoning the ears of the persons from the locality and his relatives against him. Deceased Keshar Singh asked him to behave and not to abuse. Santosh then took out a knife from the hip pocket of his trousers and dealt a blow thereof on the back of Keshar Singh, with the result Keshar Singh started bleeding. Kamlabai (PW2), wife of Keshar Singh, and Rekha (PW1), daughter of Keshar Singh, tried to intervene, but accused Suresh, brother of accused Santosh, belaboured them with an iron rod and caused them injuries. It is alleged that the appellants also intimidated the complainant to refrain from making report else they would be killed. The incident was also witnessed by Chhogalal (PW5) and Kaveribai (PW9). Deceased was taken to the police station by Kamlabai (PW2) and Rekha (PW 1), where the deceased lodged FIR (Ex.P -21) at 11:35 p.m., which was recorded by ASI Chhotelal (PW 13). On the basis of the said report an offence under sections 294, 323 r/w sections 34 and 506 of the IPC was registered.

(3.) IT is not disputed that deceased was hospitalised thereafter from 4.9.1994 to 12.9.1994 and as per the evidence of Dr. Satish Shukla (PW 12), he had left the hospital without being discharged. However, on account of certain complications, he was readmitted in the hospital on 4.10.1994 and he died on 10.10.1994.