LOKESH Vs. STATE OF M.P.

JUDGEMENT

(1.) BOTH the abovementioned appeals arise out of the common judgment and order dated 31.1.1995 rendered by the Fourth Additional Sessions Judge, Vidisha, in ST No.59/90 and therefore they are being disposed of by this common judgment. By the said impugned judgment dated 31.1.1995, both the appellants Radhe1a1 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 (PW7) has a Betel shop (paan shop) situated at Bareth Road, Basoda. His father Bhogiram (deceased) was a rickshaw puller. On 11.11.1989 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 alongwith 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 were 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 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 (Ex.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 12.11.1989 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 13.11.1989 and sent the dead body for post -mortem.

(3.) DURING investigation, ASI, S.G. Dubey (PW9) prepared report (Ex.P3) and seized blood stained and plain earth in two separate containers vide seizure memo (Ex.P -1) and the statements of the witnesses under section 161 of CrPC were recorded by him. After death of the deceased, section 302 of IPC was added. On 13.11.1989 appellant Radhelal and Lokesh were arrested. It is stated that in pursuance of the disclosure statement (Ex.P -13) by appellant Radhelal, a knife was recovered vide seizure memo (Ex.P -13A) from tamarind tree situated at Bareth road. Similarly, on the basis of the disclosure statement (Ex.P -14) by appellant Lokesh, a sword was recovered vide seizure memo (Ex.P -14A. The -seized articles knife, sword, plain and blood stained and the underwear of the deceased recovered from the hospital, were sent for chemical examination and except on plain earth, blood was found on all the articles.