ABDUL QADAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal under section 374(2) of Cr.P.C., has been preferred by the appellant against the judgment passed by Sessions Judge, Khandwa in Sessions Trial No.32/1992 dated 12.08.1994, whereby the appellant has been convicted for the offence punishable under section 302 of IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.2,000/-, with default stipulation.

(2.) The prosecution story in brief is that on 25.02.1991 at around 3:15 p.m. in the afternoon at Abhishek Talkies Khandwa, the gate keeper Deepak Kumar Gaur was checking the tickets of the viewers at the balcony gate of Talkies. Meanwhile, the appellant Abdul Qadar armed with a Gupti (knife) arrived there and said to Deepak that "You have restrained me from entering in the cinema hall, today I would finish you." Thereafter, appellant assaulted Deepak by inflicting a blow of knife on his chest. Seeing the incident, witness Raghunath caught hold of appellant and complainant Poonam Chand tried to give support to Deepak. Meanwhile, appellant released himself from the hold of Raghunath and ran away. Deepak was brought to Government Hospital Khandwa. Dr. S.C. Jain examined him and intimated the police by telephone. Deepak was admitted in the hospital who succumbed to his injuries after sometime. Promad Kumar Patil Sub Inspector Police Thana Moghat Road Khandwa visited Government Hospital Khandwa and recorded Dehati Nalsi Ex.P-19 on the report of Poonam Chand. Thereafter, Marg Intimation was recorded and inquest was conducted. The Panchnama of dead body of deceased was prepared and body was sent for postmortem. During investigation, on 25.02.1991, appellant was arrested and on his memorandum statement, a knife and the blood stained clothes of appellant were recovered and seized. The statements of witnesses were recorded and after completion of investigation, Charge-sheet has been filed before the Court.

(3.) The trial Court framed charge of offence punishable under section 302 of IPC. The appellant abjured guilt and pleaded innocence. The prosecution has examined 11 witnesses in its support, whereas the appellant has given no evidence in his defence.