SITARAM PRAJAPAT Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant - Sitaram Prajapat has filed the present appeal being aggrieved by the judgment dated 310.2007 passed by learned 17th Additional Sessions Judge (Fast Track), Indore in Sessions Trial No.212/2006, whereby he has been convicted u/s. 302 of the IPC and sentenced to undergo life imprisonment along with fine of Rs.500/- with default stipulation.

(2.) As per prosecution story, on 8.3.2006, near about at 6.30 pm., inside the factory of Banty Solanki, Banty, the deceased - Santosh and Daulat were sitting and chatting. Near about at 7 pm., accused - Sitaram came there and took Santosh with him on his motorcycle. After 15 minutes, Santosh came alone there with bleeding from his chest and said that Sitaram has stabbed him by knife and fell down. Daulat immediately called Hemant and they both took Santosh to Royal Hospital and the Doctor who attended the deceased found him dead and referred him to the M.Y. Hospital, whereby the deceased was declared as dead. On the report given by Daulat, Dehati Nalisi was recorded and later on, First Information Report was registered for the offence u/s. 302 of the IPC under Crime No.112/2006 against appellant.

(3.) Thereafter, the Police started investigation. The dead body of the deceased was seized and sent for postmortem. As per Doctor's opinion given in the postmortem report, the deceased died due to excessive bleeding from the injuries. Blood-stained clothes of the deceased were seized. Statement of Daulat, Tejpalsingh and Banti were recorded u/s. 161 of Cr.P.C. and thereafter, the accused was arrested and a knife was also recovered from him vide Ex. P/5. Blood-stained soil, clothes of the deceased, knife and the clothes of accused were also seized and sent to the FSL, Rau vide Ex. P/8 and P/9. After completing the usual investigation, challan was filed before the competent Court, who committed the trial to the Sessions Court.