RAJU ALIAS AWADHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973, being aggrieved by the judgment dated 16th August, 2007 passed by 3rd Additional Sessions Judge, Bhopal in S.T. No.43/2007 whereby learned trial Court has convicted appellant No.1-Raju alias Awadesh alias Naresh Sharma for the offence punishable under Section 302 of IPC and sentenced to suffer Life Imprisonment with fine of Rs.3,000/-, in default of payment of fine, further RI for six months and appellant No.2-Dinesh Sahu alias Dinnu has been convicted for the offence punishable under Section 302/34 of IPC and sentenced to suffer Life Imprisonment with fine of Rs.3,000/-, in default of payment of fine, further RI for six months.

(2.) The case of prosecution against both the appellants, in short, is that Vinod Sai (since deceased) was running a light refreshment stall under the name and style of Ajay Tea Stall Baba Board Chowraha. Kamal Sanwale (PW-6) was an employee in that shop. There was previous enmity between the appellants and the deceased-Vinod. On 10/09/2004, upon a quarrel between the parties, both sides lodged reports against each other. Motivated by revenge, on 11/11/2006 at 7.00 p.m., when Vinod and Kamal Sanwale (PW-6) were at the shop, appellant-Raju Sharma alias Awadhesh Sharma alias Naresh Sharma armed with a sword and Dinesh Sahu alias Dinnu armed with a Khukri, came on the spot. Appellant- Raju Sharma alias Awadhesh Sharma alias Naresh Sharma assaulted the deceased by inflicting several blows with the sword. Appellant-Dinesh also assaulted the deceased by inflicting blows with the Khukhri on the deceased. Ultimately Vinod fell down on the spot. On hearing the commotion, Kamal, Kalim, Anil, Salman, Santosh rush to the spot to save Vinod, however, appellant-Dinesh threatened them by showing Khukhari and both the accused persons fled away from the spot. Shashi Bai (PW-13) was coming to take charge of shop saw the whole incident.

(3.) After receiving information, Arvind Singh Raghuvanshi, I.O. (PW-16) rush to the spot, Vinod was lying dead there. Kamal Sanwale (PW-6) informed the incident to Arvind Singh Raghuvanshi (PW-16) who prepared Dehati Nalisi (Ex.P/1) at the instance of Kamal Sanwale and registered a temporary Crime No.0/06 for the offence under Section 302 read with Section 34 of IPC and sent Dehati Nalisi for original registration at Police Station, Habibganj where Crime No.1100/2006 registered. Arvind Singh Raghuvanshi (PW-16) summoned the witnesses after issuing notice and observed the body of the deceased, prepared inquest memo (Lash Panchnama) (Ex.P/9) and took photographs of the body. Witnesses opined that death caused on account of injuries received during quarrel. For knowing the real cause of death, Arvind Singh Raghuvanshi (PW-16) sent body of the deceased for post-mortem to hospital with Constable- Shyambihari. Arvind Singh Raghuvanshi (PW-16) prepared spot map at the instant of Kamal Sanwale (PW-6) and on searching the spot, found blood stained earthen particles, broken teeth, pieces of bone, one red cap, broken handle of sword (hilt), one Bajaj Scooter bearing registration No.M.P.26 H-4186 on which blood stain were found, seized all articles and prepared seizure memo (Ex.P/7) before Kamal Sanwale (PW-6), Ramavatar (PW-5) and Ikrar (PW-15).