CHARLI RAJA Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 30th June, 2007 passed by Additional Sessions Judge, Khurai, District Sagar in Sessions Trial No. 02/2007 whereby the trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence of life imprisonment and fine of Rs. 2000/- with default stipulation.

(2.) It is not in dispute that Bhagwandas (since deceased) died on 07.11.2006 due to several fatal injuries on his vital organs. 18 injuries were described in his MLC report prepared by Dr. V.P. Khare (PW-17), have not been challenged by learned counsel for the appellant. Similarly, Dr. Geetarani Gupta (PW-18) conducted autopsy of the deceased and opined that Bagwandas died due to 27 injuries some of incised wounds and stab wounds on his vital organs and excessive bleeding from the injuries. The opinion of Dr. Geetarani Gupta (PW-18) was also not challenged.

(3.) Prosecution case in brief is that on 06.11.2006, a Dehati Nalish (Ex.P/32) was lodged by the deceased Bhagwandas in the Police Chowki G.R.P. Ganjbasoda that on 06.11.2006 he was going to Ganjbasoda to meet his sister by Bina-Bhopal passenger train. He was sitting in the cabin near the gate of the compartment along with other passengers. Appellant and 2-3 persons boarded the running train in the same compartment. They were armed with swords. Due to old enmity with Bhagwandas, they started assaulting him by swords. The appellant inflicted several penetrating blows on him by the sword. Train stopped on the outer of Beena Station. The appellant fired with country-made pistol on the right cheek of Bagwandas, then the appellant and other persons fled away from the spot. Dehati Nalish and FIR (Ex.P/33 and P/39) were registered at Police Station G.R.P. Vidisha. Bhagwandas was sent to Government Hospital, Ganjbasoda. His dying declaration (Ex.P/22) was recorded. He was referred to Hamidia Hospital, Bhopal for further treatment. Bhagwandas was declared dead in Hamidia Hospital and information was sent to Police Station G.R.P. Vidisha and Police Station G.R.P. Vidisha recorded marg-intimation vide Ex.P/26. After completing the entire investigation, charge-sheet was filed before the Court of Judicial Magistrate, First Class Beena, who committed the case for trial before the Sessions Judge, Sagar.