BANTI @ BRAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present criminal appeal is arising out of judgment of conviction dated 07.12.1998 passed in Sessions Trial No.146/1997 by the learned Additional Sessions Judge, Indore, whereby the present appellant has been convicted of an offence under Section 307/34 of the IPC and has been sentenced to seven years rigorous imprison along with fine of Rs. 2,000/- with default stipulation.

(2.) The facts of the case reveal that on 09/10/1994, Police Station-Palasia has received information from M.Y.Hospital, Indore that one Ramesh has been brought by his father, who has received stab wound and this information was entered into Rojnamcha by A.S.I. Shinde, and thereafter, Head Constable Shiv Lochan immediately rushed to M.Y.Hospital. After investigating the matter, it was noticed that on 09/10/1994 at about 10:30 pm near Tilak Nagar School, when a Garba competition was going on, the accused persons namely Shailesh and Banti were present and there was a dispute between Shailesh and Banti one side and Rakesh and others on the other side. Banti has called Rakesh and the allegation against Banti is that he caught hold of Rakesh and at that point of time, Shailesh took out the knife and Stabbed him. He was taken to nearby Nursing Home. Thereafter, he was taken to M.Y. Hospital, where he was operated. A crime was registered at Crime No.531/1994 for offence under Section 324 r/w 34 of IPC. Later on after investigation Section 307 of IPC was added and a charge sheet was filed in the matter.

(3.) Learned counsel for the appellant has argued before this Court that the person, who has stabbed the complainant Rakesh, during the trial namely Shailesh expired, meaning thereby, the trial proceeded against the sole appellant namely Banti. The prosecution has examined Ganesh Singh (PW-1), B.C.Shinde (PW-2), Head Constable Pradumn (PW-3), Rakesh (PW-4), Badrilal (PW-5), Naresh Yadav (PW-6), Bhupendra Shrivastava (PW-7), Arvind (PW-8), Head Constable Shivlochan (PW-9) and Dr.Piyush Agrawal (PW-10).