RAMKESH KOL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant-Ramkesh Kol faced trial for alleged commission of offence punishable under Section 302 of Indian Penal Code (hereinafter referred to as the 'IPC' for brevity). The trial Court by the impugned judgment dated 30.06.2009, passed in S.T.No.346/2007, found him guilty and convicted him to undergo rigorous imprisonment for life and to pay fine of Rs.500/- with default stipulation, for committing murder of Deenbandhu.

(2.) As per prosecution story, on 25.08.2002, when complainant Ravendra Kol (PW/9), was standing in front of his house, at some distance appellant-Ramkesh Kol was sitting, at that point of time, his father Deenbandhu came to appellant-Ramkesh Kol and demanded Rs.50/-, which was given by Ravendra Kol (PW/9) to him on loan. He also stated that two months have passed, but amount has not been returned and as festival is coming, therefore, asked him to pay the same. On this, appellant told that at present he is not having money, but his father was bent upon and stated that today only he will recover the amount. There was some heated exchange of words between them and appellant inflicted two Axe blows on his head, due to which he fell down. Seeing this, Ravendra Kol (PW/9) rushed to the place of occurrence and cried for help. On hearing his shriek, number of persons collected there. The injured was taken to Nagodh Hospital. On the way, he died. The matter was reported vide Ex.P/9 to Sub Inspector R.B. Sharma (PW/8) at Police Station Jaso, District Satna. On receiving the information (Ex.P/6) from Ward Boy of C.H.C., through Dr. R.K. Mishra (PW/3), Marg No.0/07 was registered at Police Station Nagodh, District Satna (MP). Thereafter, investigation started. Inquest was prepared by Asstt. Sub Inspector Ranchhor Singh (PW/5). Postmortem of the dead body was done by Dr. R.K. Mishra (PW/3). Spot map was prepared vide Ex.P/10. Blood stained and plain soil of earth were collected vide Ex.P/11.

(3.) After investigation, charge sheet was filed on 1.10.2007 before JMFC, thereafter the matter was committed on 4.12.2007 to the learned III Sessions Judge, Satna (MP). Charge under Section 302 of IPC has been framed against the appellant. Statements of Laxmi Prasad Sharma (PW/1), Ramsajeevan (PW/2), Medical Officer Dr. R.K. Mishra (PW/3), Kushmi Bai (PW/4), Ranchhor Singh (PW/5), Pushpendra Kumar (PW/6), Sita Bai (PW/7), R.B. Sharma (PW/8), Ravendra Kol (PW/9), Vishwanath Kol (PW/10), Rajkumar Prajapati (PW/11) and Narendra Kol (PW/12), were recorded.