BHURA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant-Bhura has preferred this appeal under Section 374 of Cr.P.C. against the judgment dated 04.03.1997 passed by 5th Additional Session Judge, Ujjain in Session Trial No.182/1996 whereby the appellant has been convicted for the offence punishable under Section 304 Part-I of I.P.C. and sentenced to undergo 7 years R.I. with fine of Rs.2,000/- with default stipulation.

(2.) The prosecution story is in short that on 24.03.1996, there was marriage function of son the Ambaram, who is brother of co- accused Jairam. The procession of Barat was going on. Deceased Mohan who is brother-in-law of Ambaram also come to attend the aforesaid function with his family and joined the procession. On the request of the Ambaram co-accused Jairam also attend procession. When they reached near Yantramahal Road, Vaidhshala, Madan and present appellant Bhura, who are the sons of Jairam came there having knife and started quarrel with Ambaram. They asked him that why he took her parents in the procession and they started scuffle with Ambaram. The deceased Mohan came to intervene and he pacified and prevented them from quarrel. Then Jairam and Madan caught hold Mohan and Bhura gave blow of knife on the stomach of Mohan. As a result he sustained injury and blood oozing. Thereafter accused person fled away. Kailash brother of Mohan took him to the hospital but he was died. Kailash reported the incident to the police Station Neelganga. On that basis police registered the FIR Ex. P-1. Police visited the place of occurrence and prepared spot map Ex.P-2. Police also collected the simple of blood stained soil from the spot. The death body panchnama of deceased was prepared and his dead body was sent to the hospital for autopsy. The blood stain, cloths of the deceased was received in sealed packet from the hospital and police seized them under seizure memo Ex. P/5. The appellant and other co-accused persons were arrested. On the basis of disclosure statement Ex.P/11 of appellant, the police seized blood stain knife and prepared seizure memo Ex.-12. Seized article were sent to the Forensics Science Laboratory, Sagar for chemical analysis. The statement of the witnesses were recorded. After completion of the investigation, police filed charge sheet before Chief Judicial Magistrate, Ujjain, who committed the case to the Sessions Court and ultimately it was transferred to 5 th Additional Sessions Judge, Ujjain for trial.

(3.) The appellant and co-accused persons absurd their guilt and took a plea that they are innocent and falsely implicated in the present crime, however, in defence they have not examined any witnesses.