VIPIN JOG Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 1.1.1999 of the learned Additional Sessions Judge, Indore in S.T. No. 21/1993 whereby the appellant has been convicted for an offence punishable under Section 302 of the IPC and sentenced to imprisonment for life and fine of Rs. 5,000/-, in default, further R.I. for one year.

(2.) The appellant was prosecuted for the said offence on the allegation that on 1.12.1992 at about 17:00 hours, while deceased Devnarayan was standing outside his house with his grand son infant Rahul in his lap, the accused arrived on a bicycle and after taking out a knife from his pocket, dealt several blows which severely wounded the deceased and one blow landed on the leg of the infant Rahul. Both were then rushed to the M. Y. Hospital. On learning about the incident, the Telephone Operator of the M. Y. Hospital, reported the matter to the Police over the telephone and on that basis an entry at Sl.No.45 was made in the General Diary (Rojnamcha) at 18.50 Hrs. It is alleged that on receipt of the said information, Jagdish Singh Parihar (PW 10), A.S.I., rushed to the Hospital and learnt from the statements of Vikas (PW 15) and Dilip (PW 8) the details about the incident. On the basis of the information so collected, an offence was registered u/S. 307 of the IPC, vide Crime No. 609/92 (Ex.P/12). During investigation, while the deceased Devnarayan was under treatment in the said Hospital, he succumbed to the injuries with the result the offence was converted to one u/S. 302 of the IPC and further investigation was continued.

(3.) In further sequel of investigation, the spot map (Ex.P/13) was prepared and samples of blood stains and control earth were seized from the spot vide memorandum Ex.P/4. The statements of witnesses were recorded and on account of death of Devnarayan, sub-poena were issued to the witnesses and inquest was held of which memo Ex.P/9 was prepared. Prior to the death of Devnarayan, he was under treatment of Dr. Pradeep Goyal (PW 18) who recorded his injuries in Ex.P/17. According to the testimony of Dr. Pradep Goyal (PW 18) and his report Ex.P/17, the deceased had the following injuries :-