GIRRAJ SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The present appeal preferred u/S. 374 of Cr.P.C. assails the judgment dated 27.09.1999, passed in ST No.165/1998, whereby the sole appellant was convicted under Section 302 of IPC for L.I. with fine of Rs.2500/- with default stipulation.

(2.) Learned Counsel for the rival parties are heard as regards final disposal of the matter.

(3.) Brief facts giving rise to the present case are that on 05.01.1998 at about 4:45 pm deceased Rakesh Kumar was standing near his Pan Shop situated at A.B. Road, when his brother Santosh (PW-3) came with his handcart and brought lunch for deceased. The deceased was making Khenni (Ghissa) for one Rakesh Bhaisahab who runs Vaishali Sari shop and all of them started talking. At that point of time, Pahalwan Singh Raghuwanshi, a friend of deceased arrived when Rakesh left Paan shop and started to go with his said friend, when the appellant/accused Gajraj Singh Jaat came to the spot and stabbed the deceased Rakesh with a knife. Rakesh cried for help. The crowd which collected took him to the hospital, where he was declared brought dead. FIR was lodged by Santosh (PW-3) complainant. Details of said incident were informed disclosing the motive to be a dispute regarding financial issue between the deceased and appellant. FIR further disclosed that after the said incident as described above, the appellant fled away towards Hanuman Chauraha with the offending weapon. Investigation was conducted and the appellant was arrested on 07/01/98 vide arrest memo Ex.P-1. Disclosure statements under Section 27 of Evidence Act (Ex.P-2) was recorded on 07/01/98, which led to discovery and recovery of the knife vide seizure memo Ex.P-3 in the witnesses of Rakesh (PW-4) and Suresh (PW-1). The post-mortem requisition form Ex.P-4 was prepared and dead body was sent for autopsy which was conducted on 06/01/98 at 10:30 AM vide Ex.P-4. Stab wound was found having size 2.5cmx1cm over left seventh intercostal spale, 5 cm away from the mid-line, piercing underlying structure reaching upto the left ventricular cavity of the heart. This injury was opined to be antemortem and inflicted within 24 hours of autopsy while the cause of death was shown to be syncope due to stab injury to the heart. FIR Ex.P-5 was lodged by the complainant Santosh (PW-3), thereafter statement of witnesses Santosh (PW-3), Rakesh (PW-4), Sanjay (PW-5) and Ashok (PW-6) were recorded as Ex.P- 6,7,8,9 respectively. The spot map Ex.P-10 was prepared. Naksha Panchnama was also prepared as Ex.P-12. Inquest was initiated as Ex.P-11. Thereafter, plain and blood stained soil was seized vide seizure memo Ex.P-14 in the witness of Head Constable Amritlal Sarma and Rakesh Kumar (PW-4), which was sent for forensic examination vide Ex.P-15. The forensic report vide Ex.P-16 was received finding that the Shirt, rest and knife to be blood stained without any further opinion whether it was human blood or not.