RAM SUJAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the judgment dated 6.10.2009 passed by Addl. Sessions Judge, Panna in S.T.No.35/2009 whereby the appellant has been convicted under Section 302 of the I.P.C. for committing murder of Hisabi Adiwasi and sentenced to undergo life imprisonment along with fine of Rs.200/-; in default of payment of fine, additional one month R.I.

(2.) In brief the facts of the case are that on 14.1.2009 nearabout 6:00 P.M., deceased Hisabi was sitting at the door of his house with other villagers where the appellant and other co-accused Santu @ Santram came and asked why other persons were sitting there. The deceased replied that they were sitting at the door of his house and why he was taking objection then the appellant and co-accused Santu @ Santram went to their house after abusing deceased and within the span of few minutes they again came back. The appellant was armed with Farsa. Other persons sitting at the door of the deceased seeing the appellant and co-accused coming towards the place of incident, left the place and thereafter, the appellant dealt blow of Farsa on the deceased and caused injury on his stomach. Wife of deceased Shayam Bai (P.W. 1) was present at the spot of incident. She made hue and cry but no one came to help and after some time her daughter Suhagrani and brotherin-law Hiralal and Bijju came there. The incident was reported by Shyam Bai (P.W.1) to the Police Station, Panna and FIR of Crime No. 2/2009 under Section 302, 294/34 of IPC was registered. The dead body of the deceased was examined by the medical expert who opined that the death of the deceased was homicidal. On 29.1.2009, the appellant/accused was arrested and on his information, weapon, blood stained Farsa, Article-E was recovered and other formalities of the investigation was done and the Farsa with other blood stained material was sent to the FSL and on the Farsa presence of human blood was confirmed. After investigation, charge sheet was filed before JMFC, Panna and the case was committed to the Sessions Court, Panna, which was tried by Additional Sessions Judge, Panna.

(3.) The learned Trial Court during the trial framed charges under Section 294 and 302 of IPC against the appellant and co-accused Santu @ Santram, who abjured their guilt. There defence was that they are innocent. After completion of trial, co-accused Santu @ Santram was acquitted of the charges and the appellant was acquitted of the charge under Section 294 of IPC but convicted under Section 302 of IPC and sentenced, as mentioned earlier. The learned trial Court convicted the appellant on the basis of statements of wife of deceased, namely, Shyam Bai (P.W. 1), corroborated with FIR Exhibit P-3, medical evidence, recovery of human blood stained Farsa article-D, on the instance of the appellant.