MUKESH BABULAL PATEL Vs. STATE OF M P

JUDGEMENT

(1.) SINCE all the aforesaid three appeals arise out of one and the same judgment, therefore, they are being decided and disposed of by this common judgment.

(2.) BY this appeal the appellants assail the validity, legality and propriety of the judgment dated 13-12-2001 passed by the learned Sessions Judge, Dewas in S. T. No. 189/2000 whereby the appellants have been convicted for the offence punishable under section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life.

(3.) BRIEFLY stated, the facts of the prosecution case as put forth before the trial court were that there was a dispute in regard to illicit relation of Rajubai, wife of deceased Motisingh with the appellant mukesh, therefore, Motisingh used to live with separate with Prathvisingh from rajubai and son Banti alias Santosh. On 23-8-2000 in the night at 9. 30 p. m. , prathvisingh along with his brother deceased motisingh alias Girish, after closing the shop was returning to their house at Manihar bakhal. In the way on Idgah Road near anjuman school, accused Rafiq alias munna, Salamat, Mukesh, Santosh, chandan alias Banti and Banti alias Santosh armed with sword, khukhri and knife came there and Rafiq abusing Motisingh said that "stop, where he was going" dealt a sword blow on his head as a result of which motisingh fell down on the ground. Accused mukesh and Santosh with sword and salamat with Khukhri and Chandan alias banti with knife assaulted Motisingh on his neck. Son of Motisingh named Banti alias santosh uttered that "finish him to death" because the deceased was harassing his mother, putting obstruction in their business and presses them to vacate the house. Accused Rafiq also exhorted for furnishing motisingh to death. Prithvisingh cried for help "bachao Bachao" at which Sanjay prakhe, his brother Tillu alias Ashok and neighbouring shop-keepers reached over there whereupon the accused persons fled away. The deceased sustained so many injuries from which blood was oozing and became unconscious. Thereupon a police van came there and deceased Was taken to District Hospital, Dewas where on examination by the doctors he was declared dead. It is said that on the date of incident at 1. 00 p. m. wife of the deceased had gone to his shop and had a quarrel. At 10/15 p. m. , Prathvisingh lodged the First Information Report which was recorded by Station House Officer Deepak Shukla (PW-10) under Sections 147, 148, 302 read with Section 149 and 120-B of the Indian Penal Code as Marg No. 67/2000. In the hospital, Panchayatnama (inquest) of dead body was prepared and on 24-8-2000 the dead body was sent for postmortem examination which was conducted by Dr. Shakirali (PW-9) at 10. 00 a. m. In the opinion of the doctor, the cause of death was shock and heamorrhage due to Injuries. Deepak Shukla prepared the spot map and seized the blood stained and controlled earth from the spot. Clothes of the deceased received from the hospital were also seized and sealed. Accused persons were arrested and on their disclosure statements, weapons of offence were also seized. The seized articles were sent for Chemical Examination to the forensic Science Laboratory, report whereof is Ex. P/34. On due investigation, the accused persons were charge-sheeted for the aforementioned offences.