DOSHA RACCHOR PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment in Sessions Trial No. 132/87 passed by the learned First Additional Sessions Judge, Rewa, the appellant has preferred the instant appeal.

(2.) STATED briefly, the prosecution case is that on 8-5-1987 in village Sakarjima in the house of Ramvishram there was a 'tilak Ceremony', and Rajendra Prasad Mishra (P. W. 2), Raghvendra Prasad Goutam (P. W. 3), Rajendra Prasad (P. W. 4) and Ramkanhai (P. W. 5) had assembled for the said function. As it appears from the allegations three years before the date of occurrence the accused-appellant had misbehaved with a girl named Sunita for which Akhilesh, the deceased, and Ramkanhai had slapped him. On the date of occurrence i. e. on 8-5-1997 the deceased along with Ramkanhai and others had gone to the house of Ramvishram Brahman to witness the ceremony. While he was coming out, due to the previous grudge, the accused stabbed on the chest of Akhilesh Prasad. The companions of the accused namely Gajadhar and Ramkaushal assaulted Raghvendra Prasad. It is also alleged that the accused-appellant also assaulted Ramkanhai. The matter was reported at Semariya Police Station by Raghvendra Goutam (P. W. 3 ). Akhilesh and Ramkanhai were sent for medical examination on police requisition. They were initially sent to Primary Health Centre at Semariya where Dr. Prakash Singh Parihar (P. W. 9) advised that they should be taken to Hospital at Rewa and accordingly they were sent to Rewa. On 9-5-1987 Akhilesh succumbed to the injuries at Rewa Hospital. Post mortem was conducted and thereafter on completing the formalities charge-sheet was laid against the accused persons for offences under sections 302/307, 323/34 of the Indian Penal Code (In short the I. P. C. ).

(3.) THE prosecution to substantiate the charge, examined 18 witnesses and brought certain documents on record. Defence examined two witnesses.