KAMAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been directed against the impugned judgment dated 19.09.1998, passed by learned Sessions Judge, Dewas. in Sessions Trial No. 99/97, whereby convicted the appellant No. 1 Kamal, under Section 302 of the I.PC, sentenced to R.I for life and appellant No. 2 Radheshyam punishable under Section 302 read with section 34 of the I.RC, sentenced to R.I for life.

(2.) The prosecution case in nutshell as put forth before the trial Court is that on 02/ 03/1997 in evening at 7.00pm, the complainant (RW.2) Rakesh, deceased Idris and (RW. 3) Lalu @ Vishal were standing on Gita Bhawan square. The appellant No. 1 Kamal reached over there and after putting his hand on the shoulder of the Idris, told Idris to forget previous verbal dispute between them and should not be depressed and the appellant Kamal asked all of them to accompany to his house. When all three of them reached at the house of Kamal and were standing on the road, at that moment appellant No. 2 Radheshyam, brother of the appellant came out of the house and caught hold of Idrish and appellant No. 1 Kamal whielded knife causing injury on abdomen of Idris. Idris raised cry upon which (P.W.-2) Rakesh and (P.W.-3) Lalu @ Vishal tried to caught the appellant, but they have successfully escaped from the place of incident. Idris was taken by Rakesh and Lalu in an auto-riksha to hospital. Rakesh (P.W.2) lodged the report Ex.P-2 in Kotwali, Dewas, recorded by SHO, Rajendra Singh Jhala (P.W.-10). Dr. B.C. Tiwari (P.W.-6) medically examined Idris and issued MLC report Ex. P-7. He found two injuries on abdominal region of Idris. Looking to the serious condition of Idris, he was immediately referred to M.Y. Hospital, Indore, where on the same day he succumbed to the injuries. Rajendra Singh Jhala (P.W.-10), investigating officer prepared the spot map and body of Idris was sent for postmortem examination. After completion of inquest report postmortem was conducted by (P.W. -9) Dr. P. C. Jain, postmortem is (Ex. P- 11). Appellant was arrested on 04/03/1997 and on his disclosure statement knife was seized. Knife was also send to Dr. B.C. Tiwari for opinion and Dr. Tiwari gave written opinion (Ex. P-8). On completion of investigation, charge-sheet was filed against both the appellants by the police.

(3.) The appellants denied the charges and pleaded innocence. Their case is that under the influence of liquor Idris fell on the angle of iron fencing due to which, he sustained injuries and died. They have not examined any witness in defence. Whereas the prosecution has examined in all 10 witnesses and got proved 13 documents to prove its case.