GHURRU Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 6.10.1998 passed by Additional Sessions Judge, Beohari, District Shahdol, in Sessions Trial No. 106 of 1997, convicting him under section 302 of the Indian Penal Code and sentencing him to imnprisonment for life and a fine of Rs.500/ -, with default stipulation.

(2.) IN brief, the prosectuion case is that at about 5 O'clock in the evening of 24.3.1997 while Ramniwas (deceased) was sitting on his 'Chabutra', suddenly appellant and his father Lachhani (co -accused) reached there and abused him and on the exhortation of Lachhani, appellant inflicted a knife blow on the left side of his abdomen. Some people reached at the spot and appellant ran away. Ramniwas was taken to Primary Health Centre, Beohari. A written intimation (Ex.P -6) was sent from the hospital to Police Station Beohari intimating that Ramniwas was brought to hospital in injured condition. On receiving intimation L.P. Singh, ASI (PW10) went to hospital and gave a requisition (Ex.P -7) for medical examination of Ramniwas. On finding that an offence was committed he himself recorded first information report (Ex.P -8) on 25.3.1997.

(3.) RAMNIWAS was referred to Gandhi Medical College, Rewa, where Dr. Kiran Verma (PW17) examined his injuries and found one stitched wound on the left side of his chest. The size of the wound was 1.5 cm. There was subcutaneous surgical emphysema in the chest. He was operated. It was found that there had been a perforating injury on duodenum. A report (Ex.P -25) was given by Dr. Kiran Verma. On 2.4.1997 at about 1: 15 p.m. Ramniwas died. After his death, his dead body was sent for post -mortem examination. Dr. B.K. Sharma (PW12) carried out post -mortem examination. As per his report (Ex.P -18), he found 9 injuries on his body. The injuries were partially healed and were located on his 3rd rib of left side, left side of chest, on 4th rib, left elbow, right elbow, stitched wound on 9th rib and on tibia bone. In his opinion, the aforesaid injuries were ante -mortem. After completion of the investigation the charge -sheet was filed and the case was committed for trial.