VINOD KUMAR TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the judgment and order dated 06/10/2009 passed by the learned Second Additional Sessions Judge, Sidhi in ST No.62/2008, whereby the appellant has been convicted under Sections 302/34 of IPC and sentenced to life imprisonment with fine of Rs. 2,000/- and in default of payment of fine he is further sentenced to additional RI for six month.

(2.) The prosecution story, in short, is that on 8.1.2008 at around 5 O'clock in the evening when deceased Neeraj Kumar Tripathi (hereafter 'deceased N') was talking to PW-1 Sumant Kumar Tripathi, at that time appellant Vinod Kumar Tiwari came from his shop with a tangi (sharp edged weapon) and started assaulting the deceased N and on account of the injury on his neck, he fell down. Thereafter co-accused Vikas Tiwari, son of the appellant also came and took the said tangi from his father's hand and also assaulted the deceased, which hit him in the left temporal region. On hue and cry of PW-1 Sumant Kumar Tripath, PW-3 Shivendra Kumar Tripathi and the deceased N's wife Asha Tripathi (PW-13) also came on the spot, and at that time the accused Vinod and his son Vikas ran away from the spot with tangi. Thereafter PW-4 Gaya Prasad Dwivedi and PW-2 Mahendra Kumar Tripathi also came on the spot and they saw that the deceased had already passed away. On the basis marg intimation, the FIR (Ex.P-1) was lodged under Section 302/34 of IPC against the accused persons. The post-mortem of the deceased was conducted on 9.1.2000 by Dr. Sandeep Bhalla (PW-5) vide postmortem report (Ex.P-14). The FSL was also obtained vide Ex.P-12 and the spot map (Ex.P-3 & P-4) were also prepared. The weapon of murder was also recovered vide Ex.P-9 from appellant Vinod Kumar Tiwari and the photographs of the deceased were also taken vide Ex.P-14.

(3.) After the investigation was over, the charge sheet was filed against the appellant and he was subsequently tried by the Second Additional Sessions Judge, Sidhi to whom the case was committed and who, after recording the evidence, convicted the present appellant under Sections 302/34 of IPC and sentenced as aforesaid vide its judgment dated 6/10/2009. Being aggrieved by the said judgment, finding and sentence the instant appeal has been preferred by the appellant.