PAPPAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) - This appeal is directed against the judgment of conviction and the order of sentence dated 16/2/2010, rendered by the Court of Sessions Judge, Gwalior (M.P.) convicting the appellant Pappan for the offence punishable under section 302 IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1000/-, and in default of the payment of fine to further undergo 2 months R.I.

(2.) In nut-shell, the case set up by the prosecution in the course of trial was that the house of Kammod Singh, PW-1 (brother of deceased Sanju @ Sanjay) is situated opposite the house of the accused/appellant. On the fateful day i.e., 28/4/2009 at about 1 p.m., PW-1 was sitting in front door of his house. The motive alleged was that deceased had borrowed Rs. 1,000/- from accused Rajaram and on the issue of return of money, arguments started between the deceased and accused Rajaram. Appellant Pappan who is son of accused Rajaram was also involved in the argument. During the course of heated arguments, Jagat Singh, PW-4 brother of the deceased came to the spot when the appellant stabbed the deceased in the stomach and on other parts of the body. The deceased became unconscious. The incident was witnessed by PWs 1 to 5, namely, Kammod Singh, Panchilal, Pawan, Jaagat Singh and Guddi. PW-1 who took the deceased in injured state to the police station where on the behest of PW-1 FIR, Ex.P/1 was lodged by PW-7 Rajendra Singh and Crime No. 279/09 was registered alleging offfence punishable under section 307/34 IPC against two Pappan and Rajaram. The injured (deceased) was taken to the hospital where during treatment he succumbed to the injuries. On being intimated, the police altered the offence from Section 307 to Section 302 IPC.

(3.) After investigation, charge-sheet was submitted. The matter was committed to the Court of Sessions and charges were framed against the appellant and accused Rajaram for the offence punishable under section 302/34 IPC. 3. 1 Both the accused pleaded guilty to the charges and sought trial. 3. 2 The prosecution examined as many as 9 prosecution witnesses, namely, PW-1 Kammod Singh, PW-2 Panchilal, PW-3 Pawan, PW-4 Jagat Singh, PW-5 Guddi, PW-6 Laxmanprasad, PW-7 Rajendra Singh, PW-8 Deepak Bhargava and PW-9 Dr.N.Shivhare. 3. 3 The accused were called upon to enter on their defence but they did produce any evidence, in their defence. 3. 4 After hearing the learned counsel for the rival parties and on going through the evidence on record, the trial Court, convicted and sentenced the appellant Pappan for the offence of murder punishable under section 302 IPC but acquitted the other accused Rarajam of the charge of murder but however accused Rajaram was found guilty of offence punishable under section 323 IPC against which it is informed that the said accused Rajaram has preferred any appeal. 3. 5 Feeling aggrieved by the judgment of conviction and the order of sentence, the instant appeal is filed by the present appellant Pappan. 3. 6 We have heard Shri R.K.Sharma, learned Sr. Counsel assisted by Shri V.K.Agrawal, counsel appearing for the appellant and Shri B.M.Patel, learned Public Prosecutor for the State. We have also gone through the record carefully.