KASHIRAM @ TAPPA Vs. STATE OF M.P.

JUDGEMENT

(1.) - This appeal takes exception to Judgment dated 12/01/2000 passed by Fourth Additional Sessions Judge, Gwalior, in Sessions Trial No. 166/1996; whereby the appellant is convicted for causing murder of Shobharam and is sentenced to life imprisonment and a fine of Rs. 500/- with default punishment of one month's R.I.

(2.) The appellant was tried for the charge of offence punishable under Section 302 IPC on the prosecution story that on 20/08/1985 at about 11AM, the deceased Shobharam, resident of Apte-Ki-Pyaiga, Lashkar, behind Chitra Talkies, was going towards Nai Sadak, the appellant alongwith co-accused Lakkhu (since acquitted) intercepted and demanded as to why he (the victim) had sent two to three boys at his (the accused) house, on denial of the allegations, Lakkhu caught hold of the victim and the appellant inflicted a blow with Rapi (an implement used by Cobbler having sharp blade mounted on the wooden/iron handle) on the chest of the victim. At that very moment Vinod (PW-12) and Vishnu (PW-6) arrived at the scene of occurrence. The victim was taken to police station in the auto-rickshaw by Hariom (PW-10) and Naushekhan (PW-3). At police station the First Information Report (Ex-P/16) was recorded at 11.55AM. The victim was taken to hospital where he was admitted at 12.45PM, he was examined by Dr. S.K. Verma (PW/4) who found one incised wound measuring 6cm X 2.5cm X 4cm vide MLC Report Ex-P/4. That N.C. Gupta (PW-16) recorded the statement of the victim, on 20/08/1985 at 12.45PM, as who certifying him in fully conscious and in sound state of mind recorded the statement of victim in the following question/answer form: ...[VERNACULAR TEXT OMITTED]...

(3.) The victim died on 21/08/1985 at 10PM.