PHOOL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure 1973 (in short called as "Cr.P.C.") is directed against the judgment of conviction and sentence passed by learned Sessions Judge, Raisen in Session Trial No.57/05 dated 26-09-2005.

(2.) Shri Ahadulla Usmani, learned counsel for the appellant drew the attention of this Court on the prosecution story wherein it is alleged that on the date of incident i.e. 16-01-2005 at 7 pm, the complainant Mishri Lal (PW/1) and his wife Munni Bai (PW/6) were sitting outside their house. Their son-inlaw Sunil was making necessary preparations to take bath. During this time, the appellant Phool Singh was crossing through that place. Sunil, a barber by profession, asked the appellant to make withheld payment of hair cutting. When Phool Singh refused to make the payment, there was exchange of filthy words between Sunil and Phool Singh (appellant). Phool Singh threatened Sunil that he will kill him. Thereafter, Sunil sat at the bathing place and was about to take bath. At that time, Phool Singh with a knife came there and stabbed Sunil at his stomach as a result Sunil cried out of pain. Upon hearing this, complainant Mishri Lal and Munni Bai (father-in-law and mother-in-law of Sunil) reached there and found that the appellant is running from the area. The intestine of Sunil came out of his body because of stabbing by Phool Singh. They took Sunil to Police Station Umraoganj and lodged a report. Thereafter, they took Sunil to Hamidia Hospital. During the treatment, Sunil died.

(3.) The trial Court recorded the statements of Mishri Lal (PW/1), Munni Bai (PW/6), Police Station Incharge Chandrama Parvat (PW/8), Dr. C.S. Jain (PW/9), Investigating Officer R.K. Dwivedi (PW/10) etc. The Court below opined that the appellant is guilty of stabbing with a deadly weapon. This fact is duly established by the statements of PW/1 and PW/6. It is also supported by medical evidence.