SONU @ SURENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Both these appeals have been preferred under section 374(2) of the Cr.P.C arising out of the judgment dated 07/12/2004 passed by the Sessions Judge, Sagar in S.T. No. 73/2003 by which the appellants have been convicted for the charge under Sec. 302 of the Penal Code for commission of the murder of Harsewak, and directed to undergo the life imprisonment with fine and also with default stipulations.

(2.) The prosecutions story, in brief, is that on 10/01/2003 at about 9 PM when Khemchand Patel (PW-3) was coming from Yagya Mela and reached near shop of Moti Patel, Pagara Road, Subhash Nagar, Sagar he heard the cries. On reaching to the spot he saw Sonu @ Surendra and Dassoo @ Dashrath Sahu were assaulting deceased Harsevak, by means of knive, who was crying to save him. Complainant Khemchand Patel (PW-3) reached on the spot, at that time Parasram (PW-4), Chhotu Thakur (PW-5), Dashrath (PW-6) and Uddhav Painter (PW-10) have also reached there. Looking to all these persons, accused persons ran away from the spot bearing knife in their hand. The FIR was lodged at police station Moti Nagar by Khemchand Patel (PW-3). The police conducted the investigation wherein Dr. Subhash Jain (PW-2) conducted autopsy, who gave its report Ex.P-7A, and opined that cause of death is due to multiple incised injuries over the persons of the deceased.

(3.) After completion of the investigation challan was filed before the competent Judicial Magistrate, who committed it to the Court of Session for trial. The trial Court framed charge under Sec. 302 of the Penal Code against both the appellants/accused persons, who abjured their guilt and demanded the trial putting their defence of false implication because Khemchand (PW-3) solemnized the marriage with the sister of the deceased Harsevak and Sonu @ Surendra (appellant) was the friend of the deceased who told to the complainant why he solemnized marriage with the sister of the deceased. Thus on death of Harsevak he has been falsely implicated by Khemchand.