DEEPAK KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been preferred by the accused/appellant under Section 374(2) of Cr.P.C., being aggrieved by the judgment and sentence passed by Sessions Judge, Satna in S.T. No.58/1994, whereby the appellant/accused has been found guilty for commission of offence punishable under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1,000/- with default stipulations.

(2.) The case of the prosecution in brief is that in the intervening night of 05.07.1993 and 06.07.1993 at about 1 O' clock complainant Inderapal lodged a report (Ex.P/1) at police outpost, Police Station G.R.P. Satna informing that a dead body of unknown person was lying behind his railway quarter situated in Railway Colony, Satna. There was injuries on the person of body of deceased. He had noticed the dead body around 8 9 O' clock in the night when he returned home after watching a circus show. Due to fear he had not informed the police at that time. The police registered the offence and conducted the inquest. The spot map (Ex.P/9 and Ex.P/9-A) were prepared and red earth, plain earth and parts of explosive substance like bomb and its pellets were seized from the spot. The panchanama of the dead body was prepared and sent for postmortem. During investigation it is revealed that at around 03:30 pm in the evening of 05.07.1993 the deceased Hira Lal came to the Paan shop (beetal shop) of Kashi Prasad (PW-8) alongwith appellant Deepak and other co-accused Ashok Kanojiya and Ravi alias Ravi Shanker. The witness Vinod (PW-13) was also present at the beetal shop at that time. After buying Paan the deceased Hira Lal and appellant Deepak alongwith Ravi and Ashok went towards Shiv Mandir situated in the colony. When they reached near the house of complainant, all of sudden appellant Deepak and accused Ashok and Ravi started assaulting Hira Lal by inflicting blows of knife. When Hira Lal fell down, Ashok had thrown a bomb on him which exploded and caused injuries to Hira Lal. After killing the deceased appellant and other accused persons ran away. Vinod, Bacha Lal and other persons witnessed the incident but no one came forward to save the deceased. Police recorded the statements of witnesses. A knife was recovered and seized at the instance of appellant. Other accused persons Ashok and Ravi remained absconded during investigation. Thereafter, police has submitted a charge-sheet against the present appellant Deepak declaring the other accused persons as absconded.

(3.) The appellant has been charged under section 302 of IPC. He abjured guilt and pleaded innocence. The prosecution has examined fourteen witnesses, whereas appellant has not given any evidence in his defence.