BILAWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 06.02.2017 passed in Sessions Trial No.211/2006 by 6th Additional Sessions Judge (Fast Track), Ujjain, whereby the appellants have been held guilty for the offence punishable under Section 302 read with Section 34 of IPC and sentenced for life imprisonment with fine of Rs.1000/- each & in default of payment of fine to undergo simple imprisonment for three months each, the appellants have preferred the present appeal.

(2.) Background facts sans unnecessary details are that on 19.04.2006, at about 11.30 in the night near cement godown at Railway Station, Ujjain the appellants, who are brothers, came at the camp of the complainant Vinodbai and started abusing her husband Ujgariya. They indulged in scuffle. Bilawar stated that he would kill the deceased. Then, Iqbal caught him (deceased Ujgariya) from behind and Bilawar took out a knife and inflicted it on the chest of the deceased. The complainant Vinodbai tried to intervene and save her husband but they pushed her, due to which she also sustained injuries. Her husband fell down and died on spot. The appellants fled away. Stating that due to a petty scuffle in the morning amongst the children, the appellants have committed the incident. The complainant filed FIR. Crime No.6/6 under Sections 302/34 of IPC was registered at Police Station GRP, Ujjain and investigated by the SHO H.S.Verma (PW-6).

(3.) During investigation the Police prepared spot map Ex.P/10, called the witnesses, prepared panchnama Lash and sent dead body for postmortem. Dr. Anil Sinha, Medical Officer, performed postmortem and opined that the death of Ujgariya was homicidal. The Police took the appellants in custody and interrogated them and seized knife from the possession of appellant Bilawar on the basis of disclosure statement recorded under Section 27 of the Evidence Act. The Police made a query to Dr. Anil Sinha, who opined that injury found on the body of the deceased may be caused by the knife seized from Bilawar. After completing other formalities, the Police filed charge-sheet, which ended in the conviction of the appellants as stated above.