MUKESH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal against the Judgment and order dated 29/3/2005 passed in S. T No. 97/2004 by learned III Addl. Sessions Judge, Ratlam whereby convicted the appellant U/s. 302 of the IPC and sentenced to life imprisonment and to pay fine of Rs. 1000/-; in default of payment of fine to further undergo six months RI.

(2.) ACCORDING to the prosecution case, complainant Iswarlal (PW. 4), brother of deceased Santosh was informed on 27/1/2004 in the noon at 2. 00 pm by his brother-in-law Bherulal (PW. 7) that Santosh was lying unconscious in a field situated by the side of triangle of the road. On this information, Iswar lal, Bheru lal and son of Bherulal, Rajesh (PW. 5) reached on the spot. They found Santosh in unconscious condition. Bherulal had gone to bring Tempo Trax Jeep as directed by Iswarlal. Deceased was having injuries on his both the hands and legs and same were bleeding. Iswarlal asked Santosh as to who assaulted him on which santosh disclosed that he was called by his brother-in-law for some work at triangle of road where appellant and his three companions were present. They all called him for taking tea. After taking tea, he was taken in a field through Lasudia Road and he was caught by two persons and other two caused him injury by knife and appellant caused him injury by knife and also administered medicine, after mixing some tablet. After disclosing these facts, again he became unconscious. Deceased was taken in Tempo Trax to police station where FIR was lodged by iswarlal (PW. 4 ). On the basis of report, Crime No. 33/2004 for the offence u/ss. 307, 323/34 and 328 of the IPC vide Ex. P. 6 was registered. Spot map (Ex. P. 12) -was also prepared and Santosh was sent to Primary Health Centre, taal where from he was referred for further treatment to Jaora Civil Hospital. In Jaora hospital Santosh died. Before death of Santosh, his dying declaration (Ex. P. 21) was recorded by Naib Tehsildar Anil Bhana (PW. 20 ). On receiving information of death of deceased. Jaora police registered inquest report (Ex. P-25) as per provision U/s. 174 of the Cr. P. C and sent information to this effect to ps. Taal. Before death of Santosh, his statement was also recorded by police along with statements of other witnesses. On search of Santosh, a search memorandum (Ex. P. 15) was prepared and from his pocket, a notebook containing letter and other things were seized. The seizure memo is Ex. P. 7. From the house of deceased Santosh, two pocket diaries and one piece of paper were seized through seizure memo (Ex. P. 2 ). Iswarlal and Urmila, the wife of deceased Santosh identified the handwriting of deceased on seized letters. The identification memo (Ex. P. 3) of handwriting of deceased by these witnesses was prepared. The letter and other sealed packets containing clothes and viscera of deceased were also seized through seizure memo (Ex. P. 5. ). Appellant was arrested vide arrest memo (Ex. P. 26 ). Seized articles were sent to FSL and its report is Ex. P. 28. According to FSL report, viscera of the deceased was containing pesticides (Aluminium Phosphate) i. e Sulfas. After receiving report, charge sheet was filed against the appellant U/ss. 302, 306 and 328/34 of the IPC.

(3.) THE appellant denied the charges and pleaded his innocence as well as false implication on account of dispute over a shop between him, deceased and his brother. The appellant has not examined any witness in defence. Learned trial court, after recording statements of the prosecution witnesses and hearing both the parties, convicted and sentenced the appellant as shown herein above.