RADHELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the above-mentioned appeals arise out of the common judgment and order dated 31-1-95 rendered by the Fourth Additional Sessions Judge, vidisha in S. T. No. 59/90 and therefore they are being disposed of by this common judgment. By the said impugned judgment dated 31-1-95, both the appellants Radhelal and Lokesh have been convicted under Section 302 of IPC. and sentenced to undergo life imprisonment.

(2.) THE case of the prosecution in brief, is that complainant Jaswant singh (P. W. 7) has a Betel shop (Paan Shop), situated at Bareth road, Basoda. His father Bhogiram (deceased) was a rickshaw puller. On 11 -11 -89 at 10. 15 p. m. , the complainant Jaswant Singh was in his shop and the deceased was sitting in his rickshaw standing near the shop. Appellants Radhelal and Lokesh along with one Noneet (acquitted accused) came to his shop and demanded Cigarette on credit. Jaswant Singh refused to give Cigarette to them on further credit, as there was earlier dues upon them. It is alleged that thereafter the appellant Radhelal started beating the complainant and seeing this incident, the father of the complainant Bhogiram intervened and tried to save his son. Then appellant radhelal inflicted a knife-blow causing injury on his head and appellant Lokesh also inflicted injuries on the leg of the deceased by a Sword. Accused Noneet pushed the deceased down. Complainant Jaswant Singh immediately rushed to the police Station Basoda and lodged the first information report (Exh. P-12)upon which Crime No. 473/89 was registered for committing an offence under section 307 of IPC. The deceased was taken to Basoda Hospital from where he was referred to Hamidia Hospital at Bhopal. On 12-11-89 at around 11. 45 p. m. the deceased succumbed to the injuries. Merg intimation was sent by Hamidia hospital Bhopal to the police station Talaiya Bhopal. Head Constable Rakesh singh of P. S. Talaiya prepared the inquest memo on 13-11-89 and sent the dead-body for post-mortem.

(3.) DR. Ashok Sharma (P. W. 6) conducted the autopsy on the dead-body of the deceased. He found :- (1) a Stab wound over right frontal region vertical (saggital) lower end tapering upper end broad. Margins were clear cut situated 5 cm rt. to mid line 3 cm above the eye-brow having four stitches of size 2. 8 cm x 0. 5 cm. (2) a Stab wound on the right thigh anterior aspect with slicing on lower border of transverse size 5 cm x 1. 5 cm. Stitch marks were present over medial end broad. (3) a Stab wound on right thigh medial aspect l/3rd region. Stitch marks were present. Medial end broad 3x1 cm with slicing on lower border. According to the doctor, all the injuries were ante-mortem in nature and the death of the deceased was due to shock and haemorrhage as a result of head injury. The injuries were caused by hard sharp and penetrating object like knife. The death was found to be homicidal in nature.