PRAHALAD Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed on 15.04.2008 under section 374(2) of Cr.P.C. by the appellant Prahalad against the judgment dated 28.03.2008 passed by the Third ASJ, Sagar in S.T. No.294/2007. The learned lower Court convicted the appellant for the offences under section 302 of IPC and sentenced to life imprisonment with fine of Rs. 5000/- and under Section 323 of IPC and sentenced to R.I. for six months.

(2.) It is an admitted fact that the deceased Bheem Chandra Ahirwar was the real brother of the appellant Prahalad. The deceased and appellant both were residing at Sanjay Colony, Ward No. 2, Banda. It is also an admitted fact that Bheem Chandra Ahirwar has been expired on 02.05.2007 at about 10:00 a.m. in MLI Hospital, Bhopal.

(3.) As per prosecution case, Ramkali Bai, wife of deceased Bheem Chandra Ahirwar was residing with the appellant and co-accused Sangita in Ward No. 2, Sanjay Colony Banda. Sangita is the sister-in- law of the complainant who was a married lady but she was also residing with the deceased family. Sangita always abetted to her brother Prahalad(appellant) against the complainant and her husband. She always quarreled with the complainant. Between the intervening night of 23.04.2007 to 24.04.2007 at about 12:30 a.m.., the complainant was sleeping with her husband Bheem Chandra Ahirwar on the roof of the house. The accused reached there at about 12:30 a.m. and assaulted Bheem Chandra Ahirwar by the help of axe. He caused grievous injuries to Bheem Chandra Ahirwar. When the complainant woke up and tried to intervene then the accused also caused injury to her by the help of axe. Thereafter, the accused fled away. Because the incident was took place in night, therefore, on 24.04.2007 at about 07:00 a.m. the complainant Ramkali lodged the FIR Ex. P-1 at Police Station, Banda, District Sagar. The police registered Crime No. 159/2007 under section 307 and 294/34 of IPC. Police sent Bheem Chandra Ahirwar and Ramkali for medical examination and the MLC reports Ex. P-6 and P-7 received from Community Health Center, Banda. Looking to the critical condition of Bheem Chandra Ahirwar, the doctor admitted him in the hospital. When the deceased was admitted in the hospital, the police submitted an application Ex. P-8 for seeking the permission of doctor for recording the statement of deceased but the doctor gave opinion that the patient is not able to give any statement. Thereafter for better treatment, he was referred to Bhopal. On 02.05.2007 at about 10:00 a.m. the deceased Bheem Chandra Ahirwar was expired in MLI Hospital, Bhopal. Upon the information received from the hospital Marg No. 0/164 of 2007 Ex. P-9A registered at Hamida Chouki, Police Station Koh-e-Fiza, Bhopal. Upon the basis of aforesaid "0" Number Marg, the original Marg No. 32/2007 was registered at Police Station, Banda. Police reached in the hospital and issued a notice Ex. P-10 to the witnesses. Thereafter, in the presence of witnesses, the police prepared the inquest Panchnama Ex. P- 11. Thereafter, with the application Ex. P-12 the dead body was sent for postmortem. After postmortem, the report Ex. P-9 was received. Police prepared a spot map Ex. P-16. Another spot map Ex. P-17-A prepared by Patwari. Police also seized blood stained soil and other articles from the spot vide Ex. P-17 and P-18. After postmortem, the clothes of deceased were also received. Police forwarded all articles to the FSL vide Ex. P-21. FSL report also received.