BASANTILAL Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGE is to the judgment dated 15. 4. 1994 passed by 1st additional Sessions Judge, Mudwara (Katni) in S. T. No. 560/93, whereby the appellants Basantlal and Vinod have been convicted under Section 302 of the IPC and under Section 302/34 of the IPC respectively and sentenced to undergo rigorous imprisonment for life.

(2.) THE facts of the case are that on 27. 10. 1992 at village Jharela a drama company had come. In that drama company, there was a girl. On 27. 10. 1992 at about 4:00 p. m. Sunai @ Sonelal Choudhary was sitting at Chara of Nannu alongwith Pullu @ Yogendra Singh and Shambhu Vishwakarma, at this point of time, Sonelal commented that Pullu @ Yogendra Singh and the appellant No. l- Basantlal had committed rape with the said girl. Pullu @ Yogendra objected to it and went to his field. In the evening, the appellant No. 1 Basantlal met Pullu @ yogendra near river and asked about the comment, made by Sonelal. Thereafter, the appellant Basantlal came to know about the comment. On this count, the appellant No. 1 Basantlal lost temper. He started going towards his house. Near tiraha, the appellant No. 1 Basantlal met Sonelal and there was a hot exchange of words between them, and scuffle took place. On intervention by Pullu @ Yogendra singh and appellant No. 2 Vinod, the appellant Basantal and Sonelal being separated and the appellant Basantlal went to his house. Thereafter, the appellant Basantlal came back and the appellant No. 2 Vinod caught hold of Sonelal and the appellant basantlal gave knife blows on the abdomen of Sonelal and they ran away from the spot. FIR (Ex. P/25) was lodged. Sonelal was medically examined by Dr. R. K. Jhariya (PW-13 ). Dying declaration (Ex. P/1) of Sonelal was recorded by A. S. I. S. K. Pandey (PW-18 ). Sonelal was shifted to Government Hospital, Katni. On 28. 10. 1992 at about 9:00 a. m. , Sonelal succumbed to the injuries. Postmortem of sonelal was conducted by Dr. Naresh Saravgi (PW-21 ). He opined that Sonelal died due to shock and haemorrhage as a result of the injuries. After completion of investigation, the appellants were charge-sheeted. Case was committed to the court of Sessions for trial.

(3.) LEARNED trial Court framed charges under Section 302 of the IPC against the appellant No. l Basantlal and under Section 302/34 of the IPC against the appellant No. 2 Vinod. Both the appellants abjured the guilt and pleaded innocence and false implication due to enmity.