PRAMOD KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) STORY of prosecution is that on 3-11-1986 complainant hukumchand accompanied by wife Sheela Devi visited the house of his sister situated at Kharifatak Road, Vidisha for performing 'teeka' on the occasion of 'bhaidooj'. His sister Keshar Bai and her husband Mishrilal were residing as tenant in the property belonging to Chandra Kumar Jain, father of the accused. They reached in the house of Mishrilal at about 10:30 p. m. when Rajesh and dilip (both sons of Mishrilal) came back from their business of' Chat'. They used to run their business of 'chat' on Thela. While coming back, they collected up one fused mercury tube light from road which was broken by Pradeep who also gave beatings to Rajesh. This was informed on coming back to home to mishrilal. Mishrilal told them that he will apprise Chandra Kumar of the incident, who will further persuade his sons to behave properly. Chandra Kumar was residing with his family on the lower floor. Mishrilal came downstairs and apprised Chandrakumar of the incident and asked him to make his sons understand to behave properly. Suddenly Pradeep, Praveen, Pramod and Vinod appeared on the site and started abusing. They were asked to refrain from abusing. They shouted 'maro Salon Ko'. Ballu alias Vinod has brought a knife from inside and handed it over to Pramod, who inflicted injuries on right side of the chest, left side of stomach and near the nose. Complainant Hukum Chand tried to protect him, but Pramod also inflicted injuries on him by knife on left hand and wrist. Mishrilal's sister, namely, Khumaniya Bai also made an effort to protect Dilip, but she was also injured by Pramod by the knife. Dilip Kumar became serious, so he was taken to Vidisha Hospital on handcart, whereas, complainant Hukumchand went to the Police Station Vidisha and lodged FIR. Dr. R. C. Sharma (P. W. 8) examined Dilip Kumar and found following injuries on the body of Dilip Kumar as per the report (Exh. P-8):-

(2.) AFTER due investigation challan was submitted against Pramod kumar, Ballu alias Vinod Kumar, Pradeep Kumar and Praveen Kumar. A private complaint was also submitted by the complainant Mishrilal against chandra Kumar Jain. It will not be out of place to mention here that Pradeep kumar and Praveen Kumar were discharged by this Court in Cr. Revision No. 307/96, vide order dated 15-2-1996 and Ballu alias Vinod Kumar is acquitted vide the impugned judgment by the learned Sessions Judge in S. T. No. 186/97.

(3.) PRAMOD Kumar has been convicted under Section 302, Indian Penal code, and has been sentenced to imprisonment for life for having committed murder of Dilip Kumar. A fine of Rs. 1000/- has also been imposed. Pramod kumar has also been convicted and sentenced to two years Rigorous imprisonment under Section 324 of Indian Penal Code and fine of Rs. 500/- for causing simple injuries to Hukumchand.