RAJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The two appellants have preferred this appeal against the judgment dated 16-2-1990 of the learned First Additional Sessions Judge, Jabalpur, by which the appellant No.1 has been convicted for an offence under Section 302 read with Section 34 of the Indian Penal Code and the appellant No.2 for an offence under Section 302, IPC and each of them has been sentenced to imprisonment for life.

(2.) The two appellants were tried alongwith co-accused Pappu Rajkumar, who has been acquitted, on the prosecution story that the appellants harboured an impression that the deceased Subhash was making their father drink liquor and they were, therefore, quite annoyed. On 21-9- 1988, at about 8.00 p.m., it is alleged that the appellants, in the common court-yard of their house and that of the deceased Subhash, started hurling filthy abuses on Subhash stating that he had made their father drink liquor. When the deceased Subhash came out of his house, it is alleged that the appellant Raju and co-accused Pappu caught hold of his hands and accused Guddu Ravikumar gave him successive blows of knife, causing several injuries. The witnesses tried to save Subhash but the accused ran away. The deceased Sub hash fell down on the ground gasping for his life and his brother PW 8 Sharad Chandra took him to the Police Station Belbagh and from there the deceased was taken to the Victoria Hospital. PW 8 Sharad Chandra lodged report at the Police Station, which is Ex. P-li.

(3.) On learning about the death of Subhash, the Station House Officer S.D.A., Tiwari (PW 13) held inquest vide memo Ex. P-12. He also prepared spot map Ex. P-13 and thereafter sent the dead body for post-mortem examination to the Medical College Hospital, Jabalpur. Vide memo Ex. P-3 he effected seizure of samples of bloodstained and plain earth, vide Ex. P-4 the clothes removed from the dead body were seized, vide Ex. P-5 Bush-shirt of Rajkumar was seized and vide Ex. P-6 Bush- shirt and, Baniyan of Rajkumar were seized while vide Ex. P- 7 a shirt of Guddu was seized.