ASHOK AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal is filed by the appellants against the judgment dated 06.04.1998 passed by the 12th Additional District Judge, Indore in case NO.37/1991 by which they have been convicted under Section 304 Part- II/34 of IPC and sentenced for 5-5 years with fine of Rs. 1,000/-. The appellant No. 1 Ashok has been convicted under Section 304 Part-II and appellant Nos.2, 3 and 4 have been convicted under Section 304 Part-II with the aid of Section 34. During the pendency of this appeal, the appellant No. 1 has expired and his name has been deleted from the cause title, therefore, this present appeal is by appellant No. 2 to 4 against their conviction under Section 304 Part-II with the aid of Section 34 of IPC.

(2.) As per prosecution story on 20.10.1990, near about 7:00 PM the deceased Deepak with his friend Mukesh PW10 and Sunil PW11 was standing in the Pan Shop then the appellants came there and started quarrel with the deceased on the issue of LPG Cylinder. They started assaulting the deceased and during assault the accused Ashok (now dead) took out the knife and stabbed on his thigh with the intention to kill. Due to the said stabbing, the deceased fell down. The grand mother of the deceased Shakun Bai PW2 and Heera Ji PW4 took him to the MY Hospital for treatment. PW5 Daulat narrated the story to the brother of the deceased Raju (PW1) he immediately lodged the FIR (Exhibit P/1) on 20.10.1990 near about 10:00 PM in Juni Police Station, Indore.

(3.) Initially, the FIR was registered under Crime No. 991/90 under Section 307/34 of the IPC. During the investigation by PW12 Onkar Singh, it was found that Deepak has expired in the Hospital. He recovered his clothes, shoes vide Exhibit P/2. He also seized the blood containing soil from the scene of crime vide Exhibit P/6. Spot map P/4 was prepared and the dead body was seized by Exhibit P/12. The Police recorded the statement of witnesses under section 161 of the Cr.P.C., 1973 The dead body was sent for postmortem and all the accused were arrested vide arrest memo Exhibit P/14. On the information given by Ashok, the Knife was recovered vide memo Exhibit P/7. All the seized articles were sent to the forensic lab for examination vide Exhibit P/15 and the report was served vide Exhibit P/16. On an information received from the M.Y. Hospital about the death of Deepak a Merg No. 57/1990 Exhibit P/7 was registered. After completing the investigation, the challan was filed under Section 302/34 of IPC against the accused.