SHIV PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed on 11.1.1996 under section 374 of Cr.P.C. by the appellant Shiv Prasad against the judgment dated 4.1.1996 passed by the 8th Additional Sessions Judge, Jabalpur in Sessions Trial No.63/1995. By the impugned judgment the learned trial court convicted the appellant for the offence under section 302 of IPC and sentenced him to undergo life imprisonment and fine of Rs.1000/- with default stipulation.

(2.) As per prosecution case, on 25.11.1994 at about 11:00 a.m some altercation took place between the mother of complainant Om Prakash and accused Raju alias Rajkumar, Shiv Prasad, Gindu alias Gaya Prasad and Bijju alias Bijay Kumar. Raju Kewat abused the mother of complainant Om Prakash. When the brother Bhagwandas alias Pappu came out from his house and tried to stop the accused persons from abusing his mother, then Raju alias Rajkumar, Bijju alias Bijay Kumar and Gindu caught hold Bhagwan Das and accused Shiv Prasad assaulted him by sharp-edged weapon and caused severe injuries to Bhagwan Das. Thereafter, the accused persons fled away. Om Prakash took his brother at home but Bhagwan Das was expired. Om Prakash lodged the first information report, Ex.P.8 on 25.11.1994 at 11:30 a.m. in Police Station Adhartal, District Jabalpur, upon which the police registered Crime No.430/1994 under section 302/34 of IPC Ex.P.8. The police reached on the spot and prepared the spot map Ex.P.4. Police also issued the notice Ex.P.1 to the witnesses and in presence of witnesses, prepared the inquest panchanama Ex.P.2. Thereafter the body was sent for postmortem. The report of postmortem Ex.P10 was received in which the cause of death was found homicidal. Police recorded the statement of witnesses, seized the soil from the spot. Police also arrested the accused and upon the basis of information given by the accused, prepared a memo Ex.P.5 under section 27 of IPC and in furtherance of the memo a sharp-edged weapon, which was one blade of scissors seized from accused Shiv Prasad. The seized articles were sent to the FSL.

(3.) After investigation the police filed Challan No.415/1994 under section 302/34 of IPC against four accused persons including the present appellant on 28.12.1994. The Magistrate registered Criminal Case No.2044/1994 and committed the case to the Court of Sessions. Thereafter, on 20.1.1995 Sessions Trial No.63/1995 was registered by the Sessions Judge, Jabalpur and on 23.1.1995 the case was made over to the trial court, who framed the charge under section 302/34 of IPC on 2.2.1995 against all four accused persons. The accused persons denied the charges and demanded for trial. Thereafter, the prosecution examined 7 witnesses. The accused persons did not examine any witness in their defence.