ANNIS KHAN Vs. THE STATE OF M.P.

JUDGEMENT

(1.) Challenging the judgment of conviction under Section 302 of the IPC and order of sentence to undergo life imprisonment, dated 9.3.1996 passed by the Second Additional Sessions Judge, Damoh in S.T. No.68/1994, for committing murder of Daulat Singh, this appeal has been filed.

(2.) In brief the case of the prosecution is that on 28.3.1994 near about 2:30 p.m. in village Patera, Police Station Patera, District Damoh, at the occasion of weekly Haat bazaar, deceased Daulat Singh while passing by in front of a egg cart of the appellant dashed that cart, upon which, the appellant took objection and an altercation took place between them and suddenly, the appellant took out a Kaincha (scissor) dealt with on the right side of abdomen of Daulat Singh, due to which, Daulat Singh fell down on the ground. The appellant also tried to make further assault which was stopped by Durag Singh (PW-2) who was witnessing the incident standing nearby a shop and snatched Kaincha and Durag Singh also received injury while snatching Kaincha from the appellant. Thereafter, Durag Singh (PW-2) and the appellant / accused ran away from the place of incident in different directions leaving the deceased in injured condition. Durag Singh (PW-2) informed his father Narayan (PW- 8) about the incident. Thereafter, Narayan (PW-8) reached the spot and found the deceased in injured condition and took him to the hospital and also informed the police. The incident was witnessed by Gariba (PW-1), Bhagwan Singh (PW-11), Parwat (PW-12), Pappu (PW-3) and other persons. Bhujbal Tiwari (PW-19), who was posted as Head Constable at Police Station Pateria, District Damoh went to the hospital and recorded Dehati Nalshi Ex.P/23 as stated by injured Daulat Singh and in the hospital, Dr. P.L. Bhagraiya (PW-7) examined Daulat Singh and prepared MLC report Ex.P/9. G.P. Awasthi (PW-15), Executive Magistrate / Naib Tahsildar, recorded dying declaration Ex.P/15 in the presence of Dr. P.L. Bhagraiya (PW-7) on giving certification with regard to fitness of the deceased for giving the statement. Dr. A. K. Tiwari (PW-14) treated Daulat Singh and opined that the injury sustained by Daulat Singh was sufficient to cause his death in ordinary course of nature. On 1.4.1994 on account of the injury, Daulat Singh died. Postmortem on the dead body of the deceased was conducted by Dr. S. K. Khatri (PW-5) and prepared PM report Ex.P/6 and opined that the death was due to the aforesaid injury and toxemia. During the investigation Kaincha was also seized from Durag Singh (PW-2) and sent it to the FSL. After completing all due formalities, the police filed a charge sheet for the offence punishable Sections 302 and 324 of the IPC against the appellant / accused before the Court of JMFC, Hatta who on its turn, committed the case to the court of Sessions for trial.

(3.) The learned trial Court framed charge for the offence under Sections 302 and 324 of the IPC against the appellant. The appellant / accused abjured his guilt and stated that he is innocent and pleaded for trial. His defence is that at the time of incident he was not present on the spot and he has been falsely implicated. However, in defence no evidence has been adduced.