MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure (hereinafter shall be referred to as "Cr.P.C") has been filed being aggrieved by the judgment of conviction and the sentence dated 25.10.1994 passed by 2nd Additional Sessions Judge, Khandwa in Sessions Trial No.58/94 convicting the appellants No.1 Mahesh @ Tamantu & appellant No.2 Heeralal for the charge of Section 302/34 of the Indian Penal Code (hereinafter shall be referred to as "I.P.C") and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.250/- in default of payment of fine to further undergo rigorous imprisonment for three months each. However, by the said judgment, the Trial Court acquitted the co-accused Ashok S/o Laxman from the charge of Section 302/34 of the I.P.C.

(2.) The case of the prosecution in nutshell is that the incident took place on 4.1.1994 in the night at about 8:30 pm in front of the house of Dukhilal in Railway Colony, Khandwa. As alleged, on the said date, when Ashok S/o Kanhaiyalal has returned to his house after finishing of his work, his mother Ramkali asked him to go the hospital to serve food to his brother-in-law (Jija), who was hospitalized. Sooner Ashok reached in front of the house of Dukhilal, he was caught hold by accused Mahesh @ Tamantu and his brother Heeralal. Both were having knives in their hands. Accused Heeralal abused Ashok and threatened to kill him. Acquitted co-accused Ashok caught hold of his hand while accused Mahesh @ Tamantu and Heeralal both assaulted by means of the knife on the right side of chest. On hearing the scream of Ashok (since deceased), his mother Ramkali (PW.3), his son Deepak (PW.4) and her daughter Manorama reached on the spot and on seeing them, the accused persons ran away from the spot. It is said that the deceased Ashok received stab wounds on his person and the blood was oozing out from the wound. He was immediately taken to the hospital where he was declared dead. An intimation was given to the Arakshi Kendra Moghat Road, Khandwa whereupon the offence under Section 302/34 of the I.P.C was registered at Crime No.8/94 against all the accused persons. The postmortem of the dead body of deceased was conducted by Dr.A.N.Bajpai (PW.1) vide Exhibit P/1, who has opined the cause of death due to shock and haemorrhage as a result of the excessive bleeding.

(3.) After completion of the investigation, the Challan was filed in the Court of Chief Judicial Magistrate but because the case was triable by the Court of Sessions, therefore, committed to the Sessions Court from-where it was assigned to the 2nd Additional Sessions Judge for trial where the charge of Section 302/34 was framed against all the accused persons.