ANIL BHARGAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal Appeal No.744/2005 originates out of judgment dated 30.09.2005 passed by the Second Additional Sessions Judge, Guna to the First Additional Sessions Judge, Guna in Sessions Trial No.185/1998, whereby appellants have been convicted under Section 302 of IPC with the aid of Section 34 of IPC and sentenced to Life Imprisonment and fine of Rs.2,000/-; in default of payment of fine, further 1 year's R.I. Criminal Appeal No.294/2015 has been filed by the appellant being aggrieved by judgment dated 26.02.2015 passed by the Court of the third Additional Sessions Judge, Guna in Sessions Trial No.185/1998, whereby appellant has been convicted under Section 302 of IPC and sentenced to life imprisonment and fine of Rs. 200/-; in default of payment of fine, further 6 months R.I.

(2.) Brief facts leading to present appeals are that, as per the prosecution, on 15.04.1998 at about 8:15 am, in the vicinity of Ganesh Talkies Guna, Anil Kumar and his accomplices with a common intention and common object committed homicidal murder of Vivek S/o Kabul Chand wherein Sudhir had thrown red chili powder on the face of the deceased Vivek, whereas allegation is that Vinod had held hands of Vivek when Anil another appellant had caused injury with the help of a skewer (katar) which resulted in his death.

(3.) It is not in dispute that deceased Vivek s/o Kabul Chand was having a Gumty (shop) to sell pan (betel). On 15.04.1998 at about 8:15 am, he was going with his brother Pramod Kumar (PW-1) to open said shop from his house situated at Dubey Colony, Guna. When they reached slightly ahead of Ganesh Talkies, Vinod, Sudhir and Anil came and obstructed way of Vivek. Accused Anil asked him as to why he had beaten him yesterday, then Vinod had caught hold of Vivek from the front then accused Sudhir had put red chili powder on his face which had entered his eye and thereafter Anil had taken out a skewer (katar) and had hit below his right arm, second blow was given on left hand side of the stomach, as a result of which Vivek started bleeding and had fallen down on floor. Some people collected when Pramod shouted. By that time, Anil, Vinod and Sudhir threatening the accused started running towards the railway line situated at B.G. road. Pramod (PW-1) had taken Vivek to the hospital where he was declared brought died. FIR (Exhibit P-1) was lodged on 15.04.1998 at 9:50 Am. It is also not in dispute that safina form (Exhibit P-2) was issued and Naksha Panchayatnama of dead body (Exhibit - P-3) was prepared in which it is mentioned that Vivek died of two stab wounds injuries. In the postmortem report (Exhibit P-9), cause of death has been shown to be on account of antimortem injuries to vital organs of body leading to hemorrhages, shock and death. Death occurred within six hours of postmortem which was conducted at 11:00 Am by a team of two doctors, namely, Dr. P.K. Gupta and Dr. M.K. Jain. One of them, Dr. P.K. Gupta has been examined as PW-11 in the case.