MANOJ SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred assailing the judgment dated 13/09/2007 passed by the Sessions Judge, Katni, in Sessions Trial No.09/2007 whereby the appellant has been convicted under section 302 of IPC for committing murder of one Santosh Patel and sentenced him to undergo R.I. for life imprisonment along with fine of Rs.1000/- in default further imprisonment of 6 months and also punished under section 323 of IPC for committing simple injury to Prakash Chandra Chourasiya (PW-8) and sentenced him to R.I for 6 months. Both sentences to run concurrently.

(2.) In this case there is no dispute that 2-3 years before the incident deceased eloped sister of the appellant and married with her and on account of the aforesaid incident the relationship between the appellant and the deceased were acrimony.

(3.) The brief facts giving rising to this appeal are that on 22/12/2006 after 8 PM deceased Santosh Patel and his friend Prakash Chandra Chourasiya (PW-8) were going towards the Gram Panchayat Umariya Pan. After taking dinner from the hotel of one Rinkoo @ Santosh (PW-3) in the way, the appellant assaulted the deceased with stone and when Prakash Chandra Chourasiya (PW-8) made efforts to save the deceased the appellant also assaulted him and on account of injury sustained on the head the deceased fell down and died. Prakash Chandra Chourasiya (PW-8) also received injuries and after the incident he rushed towards the police station and informed the police about the incident, where Marg Intimation Ex.P-1 was recorded in police station Umariya Pan, District Katni and thereafter FIR Ex.P-12 was registered at Crime No.222/2006 under section 302 of IPC and dead body of the deceased was sent for postmortem to Community Health Centre, Umariya, where Dr. Neelkamal Suhane (PW-7) conducted postmortem. According to the Postmortem Report Ex.P-10 the cause of the death was shock due to head injury sustained to the deceased. Injured Prakash Chandra Chourasiya (PW-8) was also examined. On 23/12/2006 the appellant/accused was arrested as per arrest memo Ex.P-5 and seized articles were sent to FSL.