VIKAS BHANDARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30th January, 1999 passed by the learned 2nd Additional Sessions Judge, Ujjain in Sessions Trial no. 302/1997 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) ACCORDING to the prosecution, deceased Vinay was in his book shop at about 4. 30 in the evening on 24-9-1997 along with accused Vikas Bhandari. Vinay was found lying on the ground in badly injured condition and at that time sunil Kumar Yadav (P. W. 10) who lives across the road, Akhilesh (P. W. 6), who ! was passing by the shop and Varisuddin (P. W. 7) whose father had a shop opposite the shop of the deceased, saw the accused running away with knife in his hand. Akhilesh (P. W. 6) and Sunil Kumar Yadav (P. W. 10) inquired from the deceased as to what had transpired. The deceased mentioned the name of the accused and thereafter lost consciousness. He had a number of injuries on his body from which blood was spurting out. He was taken on a handcart to the hospital where Dr. S. Porwal (P. W. 1) admitted him in the hospital but the deceased succumbed to the injuries at 6. 00 p. m. on the same day. While the deceased had been brought to the hospital, doctor had examined his injuries and as per the injury report (Exh. P-3) dated 24-9-1997, the following injuries were found on his body:-

(3.) ON the death of Vinay during treatment, the Police was informed vide Exh. P-5, in pursuance whereof Badrilal Soni (P. W. 11), SHO reached the hospital and held inquest of which memo Exh. P-18 was prepared. Requisition exh. P-1 was made for post-mortem examination of the deceased. Dr. S. Porwal (P. W. 1) conducted autopsy and on external examination of the body found the injuries that had already been described in Exh. P-3 as injury report.