PRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 of the Cr. P. C. against the judgment dated 08. 02. 2007 passed by VIth Additional Sessions Judge, District Sagar in Sessions Trial No. 358/2005, whereby the learned ASJ found appellant guilty for the offences punishable under Sections 302/34 & 324 of IPC and sentenced him to life imprisonment with fine of Rs. 500/- and one year rigorous imprisonment with fine of Rs. 500/- with default stipulation respectively.

(2.) Brief facts of the prosecution case are that on 05. 1 2004 at 10:30 PM, when complainant Kishan Kori (PW/6) and deceased Rajjan were returning from Bina Bare's house, on the way, near Uttam Kori's house, co- accused Annu Kori, Badshah Kori and appellant Prakash Patel were sitting in an auto and appellant Prakash was armed with sword, Rajjan asked appellant that why he was carrying sword in his hand on which appellant Prakash assaulted Rajjan with the sword which struck on the head of the complainant Kishan, thereafter, appellant Prakash again assaulted Rajjan due to which he sustained injury in his left hand and the appellant again assaulted Rajjan by sword, due to which, he sustained injury on his head and fell down in a drain. Then co-accused Uttam and Rakesh, who were sitting on the roof of their house threw big stones on Rajjan's head from the roof and thereafter Annu and Badshah crushed Rajjan's head with stones. At the time of the incident, Mahesh and other persons residing nearby also came on the spot. Rajjan died on the spot. After the incident, complainant Kishan Kori (PW/6) lodged the report (Ex. P/11) at PS Moti Nagar which was written by K. K. Sharma (PW/7) who registered Crime No. 630/2004 against the appellant and co-accused namely Uttam Kori, Rakesh Kori, Annu Kori, Badshah Kori for the offences punishable under Sections 302, 324/34 of IPC and investigated the matter. During the investigation, he went to the spot and prepared spot map (Ex. P/13). He also seized 5 pieces of shoes, bloodstained soil and simple soil and sleepers of deceased from the spot and prepared seizure memo (Ex. P/10) and also prepared inquest memo (Ex. P/9) of the dead body of deceased Rajjan and sent it for postmortem and also sent Kishan Kori for medical examination along with application (Ex. P/4). In the hospital, Dr Subhash Jain (PW/1) examined Kishan Kori and gave MLC report (Ex. P/4) and Dr R. K. Khare (PW/2) conducted the autopsy of the dead body of deceased Rajjan and gave postmortem report (Ex. P/5). He also seized bloodstained clothes from the dead body of Rajjan and sent it to Police Station Moti Nagar in a sealed packet through constable Leela Dhar. During investigation K. K. Sharma (PW/7) also recorded the statement of Kishan Kori (PW/6) and Mahesh Kori (PW/3) and arrested the appellant and co-accused Rakesh and prepared the arrest memo (Ex. P/2 & P/3) and after investigation police filed charge-sheet against appellant and other coaccused Rakesh before Judicial Magistrate First Class, Sagar who committed the case to the Court of Sessions. On that charge-sheet, S. T. No. 358/2005 was registered. Learned Additional Sessions Judge framed the charge against the appellant and co-accused Rakesh for the offences punishable under Section 302/34 & 324 of IPC. By that time co-accused, Badhshah Kori and Annu were absconding. After some time, the police arrested them too and also filed charge-sheet against them before Judicial Magistrate First Class, Sagar who committed the case to the Court of Sessions. On that chargesheet, S. T. No. 183/2006 was registered. Learned Additional Sessions Judge framed the charge against them also for the offence punishable under Section 302/34 and & 324/34 of IPC and tried both the case together. The appellant/accused and other co-accused Rakesh, Badhshah Kori and Annu abjured their guilt and took the defence that they have falsely been implicated in the case. However, after trial learned Additional Sessions Judge acquitted the co-accused Badhshah Kori, Annu and Rakesh from all the charges but found the appellant guilty for the offences punishable under Section 302/34 & 324 of IPC and sentenced him as aforesaid. Being aggrieved from that judgment, appellant filed this Criminal Appeal.

(3.) It is worth mentioning here that Police also filed Charge-sheet against co-accused Uttam. On that S. T. No. 21/06 was registered but he died during the trial of the case so proceedings of the case were dropped against him.