PREETAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 4.5.1999 passed by the Additional Sessions Judge, Mungawali, District Guna in S.T. No. 139/1997, whereby the appellant has been convicted of offence under section 302 of Penal Code and sentenced to life imprisonment with fine of Rs.500.00.

(2.) The prosecution's case, in short, is that on 13.1.1997 the deceased Pooran was driving a tractor of contractor Rishabh Jain near Village Laloi, where the work of road was going on. The duty of the deceased Pooran was to pour some water on that road with help of tractor tanker. On that day at about 3.00 p.m. the deceased took the tractor to a dam forgetting some water in the tanker then the appellant Preetam, who was drunk, came in front of the tractor. When the deceased Pooran told him to leave the road then he started abusing and ultimately he raised a knife from his pocket and gave a blow on abdomen of the deceased Pooran. Due to which, omentum etc. came out from the wound and Pooran fell down from the tractor. Other witnesses came to the spot and the deceased Pooran was taken to village Thubon by tractor, where Sheela Bai wife of the deceased Pooran was taken with them and thereafter the deceased Pooran told about the incident to his wife Sheela Bai and he was taken to the Police Station Chanderi, where he had lodged an FIR Ex.P-11. He was sent for medico- legal examination. Dr. R.P. Sharma (P W-1) examined the deceased Pooran and gave his report Ex.P-1. He found one stab wound to the deceased Pooran on his abdomen and the patient was in shock, therefore, he was immediately sent to the higher center for the treatment. Dr. Atul Agrawal (PW-11) performed the surgery on the abdomen of the deceased Pooran at J.A. Hospital, Gwalior and gave his surgical notes as Ex.P-19. He also recorded the dying declaration of the deceased as Ex.P-18. However, after some time, the deceased had died. His body was sent for post-mortem. Dr. J.N. Soni (PW-8) performed the post-mortem on the body of the deceased and gave a report Ex.P-17. He found that there was one injury on the abdomen of the deceased, which was stitched by stitches and around the injury, pus was found and the deceased died due to consequence of injury and septicemia. According to Dr. Soni, the death of the deceased Pooran was homicidal in nature.

(3.) Dying declaration of the deceased was also recorded by Dr. R.P. Sharma (PW-1) as Ex.P-2. The Investigation Officer investigated the matter. ASI Gajraj Singh (PW-9) examined the various witnesses, whereas Head Constable Ghanshyam Singh (PW-6) recorded the merg intimation and he prepared the memo of position of the dead body and sent the dead body to the hospital for post-mortem. SHQ Mehmood Alarm Hashmi (PW-7), who recorded the registration of the crime and after investigation, he has sent the articles for examination by Forensic Science Laboratory. ASI Parmal Singh Chauhan (PW-10) recovered a knife from the appellant by a document Ex.P- The Forensic Science Laboratory gave its report Ex.P-13 that blood stains were found on the soil of the spot and knife recovered from the appellant. Similarly a piece of cloth obtained from the deceased was also found blood stained. Various articles were sent to the Serologist but the Serologist in his report Ex.P-16 gave the opinion that sent article, which was a piece of cloth, was stained by blood but since the sample was disintegrated, it could not be ascertained that it was stained with human blood and no particular grouping of the blood could be done.