DABARDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 8.4.2005, whereby the appellant was convicted for an offence under Section 302 of the Indian Penal Code; and, vide separate order of the same day, the appellant was sentenced to undergo life imprisonment and to pay fine of Rs. 500/-, and in default of payment of fine, he shall undergo three months rigorous imprisonment.

(2.) The prosecution case was set in motion on the statement of Sarita Bai (since deceased), made to Upendra (PW-15) the Station House Officer, at about 7.00 PM in respect of an incident which took place at 6.30 PM, on the same day. The statement is that she was coming back alongwith her friend Geeta Bai after attending the call of nature, at that time, the appellant came from the High School ground side with a knife in his hand and gave 2-3 blows in her abdomen, due to which blood started oozing out. Her friend Geeta Bai raised alarm, then the appellant ran away. Geeta Bai brought her to her house, from where she has come to the Police Station to lodge the report along with her relations. Sarita Bai the informant, died on 20.11.2004. The appellant was arrested on 16.11.2004 and on the basis of his disclosure statement Ex.P/9, the knife was taken in possession vide memo Ex.P/8. The injured was initially examined by Dr. V.P. Samad PW/12, who was posted at District Hospital, Balaghat as Medical Officer. He is the one who admitted the injured in the Hospital and finding three injuries on her person, and referred her to the Surgical Specialist. It was Dr. P.K. Parashar PW/6, who reported the death of the injured to the Incharge of the Police Chowki vide memo Ex.P/6. Dr. Rajnish Shrivastava PW/7 conducted the post-mortem on the body of Sarita Bai on 21.11.2004. As per the post-mortem report, there were four stitched wounds on the body. PW/15 Upendra Investigation Officer prepared the site map Ex.P/18 on 16.11.2004. He also recorded the statement of the injured on 17.11.2004 in District Hospital, Balaghat; so also the statement of Geeta Bai PW/1 friend of the injured and of other witnesses. On receipt of information about death of Sarita Bai, the First Information Report was converted to one under offence 302 of the IPC. He also completed the investigation and made the accused stand trial.

(3.) During trial, the prosecution examined Geeta Bai friend of deceased Sarita Bai as PW/1; and, PW/2 Bharat Kumar and PW/4 Shakti Kumar brothers of the deceased. On the basis of the evidence produced by the prosecution, the learned trial court convicted the appellant for the offence under section 302 IPC and sentenced him, as mentioned above.