STATE OF MADHYA PRADESH Vs. KOUSHAL PRASAD JAISWAL

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of connected Criminal Appeal No. 138 of 2008 (Koushal Prasad Jaiswal v. The State of M. P.) filed on behalf of the accused.

(2.) THE accused has been convicted under Section 302, I. P. C. and has been sentenced to death by the impugned judgment dated 19-12-2007 hence this reference has been made by learned 12th Additional sessions Judge, Fast Track Court, Jabalpur under Section 366 of the Code of Criminal procedure for confirmation of the sentence of death sentence awarded to the accused. Simultaneously the accused has also filed criminal Appeal No. 138/2008 assailing the impugned judgment of conviction and order of sentence passed against him in sessions Trial No. 167/2007. Both the matters are being disposed of by this common judgment.

(3.) IN brief the case of prosecution is that sanjay Shrivastava (hereinafter referred to as 'the deceased') was serving on the post of councilor in the Department of" Microbiology of Medical College, Jabalpur. His duty was to test the blood of patient suffering from HIV disease as well as to distribute requisite medicines to those patients ). The blood of the accused was examined by the deceased on 4-1-2007 in order to ascertain whether he is a patient of HIV, however, on examining his blood, the result was found to be negative. The blood of the accused was also tested on 27-2-2007 in the Laboratory, namely, Regional Medical Research Centre for Tribals and according to the report of said laboratory also, the accused was not found to be the patient of HIV, even then, the accused was approaching, contacting and insisting the deceased again and again to provide medicines of HIV, but every time deceased was refusing because the accused was not the patient of HIV.