LAWS(MPH)-1977-11-2

MAJIN THOMAS GEORGE Vs. STATE OF M P

Decided On November 01, 1977
MAJIN THOMAS GEORGE Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) IN this appeal, the appellant Majin Thomas George has challenged his conviction under section 302 of the Indian Penal Code for committing the murder of Arjundas Khurana at 7. 15 p. m. on 20-7-1975 for which he was sentenced to undergo imprisonment for life.

(2.) THE prosecution case is this: Quarter No. 387 in Sector N/3 of govindpura, Bhopal, was allotted to the appellant who was working as a steno Typist in the Bharat Heavy Electrical Ltd. , Bhopal, as per allotment order dated 24-4-1969. (Vide Ex. P-22 ). In January 1973, the appellant received Rs. 500. 00 in cash and Rs. 500. 00 by cheque from Charanjit Sharma (P. W. 4)who was let in as a sub-tenant in the aforesaid quarter on monthly rent of rs. 65. 00 or 70. 00 p. m. . Charanjit Sharma (P. W. 4) occupied the quarter till either 16-7-1975 or 19-7-1975. On 20-7-1975, Laxmandas Taneja (P. W. 3 ). his wife Shrimati Chanchal Taneja (P. W. 1) and the deceased were in occupation of this quarter. On 20-7-1975, at 6. 30 p. m. , the appellant went to the quarter with his wife and children to live in it. An exchange of abuses took place between him and the deceased in which one Shri Homa intervened. The appellant promised to secure allotment of the quarter to Laxmandas Taneja and received Rs, 1,000. 00 from him. Laxmandas Taneja submitted an application dated 22-5-1974 (Ex. P-7) to the Allotment Officer, Estate Office, Bharat heavy Electrical Ltd. , Bhopal for allotment of quarter No. 387 to him. The appellant continued to receive more amounts from Laxmandas Taneja in expectation of the allotment of the quarter to him.

(3.) AFTER Charanjit Sharma (P. W. 4) vacated the quarter, he handed over the keys to Laxmandas Taneja who occupied it on 17-7-1975. On the date of incident, i. e. 20-7-1975, after Shri Homa had left the premises, the appellant and his companions surrounded Laxmandas Taneja (P. W. 3) and started beating him with fists and legs. Sticks were pulled out from the fencing of the quarter. Shrimati Chanchal Taneja witnessed the incident through a window of the same quarter. Arjundas Khurana came out of the quarter from the back door and reached near the appellant who pounced on him and inflicted stab wounds on his abdomen and chest. Arjundas fell down injured. Laxmandas Taneja, through Manjitsingh, made a short report at the Govindpura police station which was recorded in the Roznamcha Sanha No. 1644 at 7. 50 p. m. of which Ex. P-25 is the true copy.