RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the conviction of the accused appellant No.1 Rajesh for an offence punishable under Section 302 of the Indian Penal Code for having committed murder of Chakresh and sentence of R.I. for life therefore and conviction of accused appellant No.2 Sudhir under Section 324 of the Indian Penal Code and sentence of R.I. for three months and fine of Rs. 1,000/- in default R.I. for one month for causing hurt to Chakresh with knife in S.T. No. 221/91 of the Court of Sessions Judge. Narsinghpur, by judgment dated 5-3-1992.

(2.) The prosecution case stated in brief is that complainant-Ramkumar (P.W. 1) has a shop at Karakbel. Acquitted co-accused Bhagchand father of the appellant No.1 had taken the shop of complainant Ramkumar on rent at Karakbel and he used to carry on his cloth shop there. The complainant Ramkumar wanted him to vacate the shop and Bhagchand had promised to vacate the same a month prior to Diwali of the year 1991. However, Bhagchand did not keep his promise and did not vacate the shop. Therefore, two days prior to the incident i.e. on 12-11-1991 deceased Chakresh had again reminded Bhagchand to vacate the shop, upon which Bhagchand had extended threat to them. On the date of incident i.e. on 14-11-1991 while complainant Ramkumar alongwith his brother deceased Chakresh were standing in front of the shop of one Mukesh Jam. Bhagchand passed that way and the complainant Ramkumar and his brother deceased Chakresh again asked him to vacate the shop. Thereafter accused/appellants as also co-accused Bhagchand. Gyanchand and Anil came there and surrounded the deceased. Bhagchand insist them, to assault upon which appellant No.1 took out a knife and assaulted Chakresh on his chest and thereafter, appellant No.2 also assaulted him with a knife on his chin. Deceased Chakresh fell down and while he was being taken to Narsinghpur, he died on the way.

(3.) P.W. 1 Ramkumar lodged F.I.R. (Ex. P-1) of the incident at P.S. Themi at about 6.20 p.m. on the same day on the basis of which the offence was registered and the investigation proceeded. After preparation of panchnama of the dead body of Chakresh he was sent for post mortem examination. Dr. Deepak Tignath (P.W. 4) had conducted post mortem examination on the dead body and found as per report Ex. P-S there was: i. Stab wound on the chest communicating to thoracic cavity over left 4th intercostal space obliquely cutting cartileges muscles. ii. Abrasion 2 cm. x 1 cm. on left mendible. iii. Abrasion 2 cm. x 1/2 cm. be low chin. In the opinion of the doctor, cause of death was haemorrhage and shock due to stab injury to heart. He has also opined that the injuries were sufficient to cause death in the ordinary course of nature. After completion of usual formalities during investigation the chargesheet was filed against the appellant and co-accused.