SHANKAR @ MANIRAM Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant Shankar @ Maniram being aggrieved by the judgment dated 26.04.2007 passed by the 11th Additional Sessions Judge (Fast Track Court) Bhopal, in S.T. No. 354/2006 whereby the appellant has been found guilty of an offence punishable under section 302 of the IPC and has been sentenced to Life Imprisonment with fine of Rs.1,000/-, and in default thereof further rigorous imprisonment of three months.

(2.) The prosecution story, in brief, is that, on 28.09.2006 at around 9:00 - 9:30 in the night when Raisen Bhadoriya (Constable No.2550) (PW-1), Salim (PW14) and Asif (PW-15) who are Traffic Policemen and were on duty at Alpana Square in Bhopal, they heard somebody shouting for help whereupon they rushed to the place from where the call for help was coming and saw the appellant running away from the spot where the incident had occurred. According to the prosecution when the aforesaid three witnesses reached the spot and they saw the deceases lying on the spot with several stabbed injuries on his person, whereafter they took him to the hospital on an autoriksha where the deceased was declared dead by Dr. Aniti Arora (PW-7). It is alleged that apart from the three eye-witnesses, Raju Thakur (PW-8) who was standing at the spot when the incident occurred also saw the incident and was shouting that the appellant Shankar had committed the murder of the deceased Munna.

(3.) The appellant was arrested on the next day and on his direction the offending dagger was discovered from the road side where he had thrown it vide seizure memo (Exh. P-8) which was prepared in the presence of seizure witnesses Kunjilal (PW-3) and Latif (PW-4).