CHINTU @ ASHARAM PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by appellant Chintu @ Asharam Pandey against the judgment dated 30.10.2009 passed by First Additional Sessions Judge, Chhattarpur in Sessions Trial No.234/2008, whereby he has been convicted under section 302 of the Indian Penal Code, 1860 (for short the 'IPC') and sentenced to undergo imprisonment for life and fine of Rs. 500/-, with default stipulation.

(2.) The facts of the case in brief, as advanced by the prosecution, is that on 31.5.2008, at about 10.30 in the morning, Rajendra Jain (since deceased), Pappu Sonkiya PW/2, Moolchand Jain PW/10 and Halke Dadda @ Suresh Prasad Pathak PW/14 were sitting and having tea at the tea stall of PW/1 Janak Agrawal. At that point of time, appellant Chintu @ Asharam Pandey and Ramratan Pandey came on a Suzuki motorcycle and parked the same in front of the tea shop. After parking the motorcycle they both went to the backside of the shop and came back armed with an axe and started assaulting Rajendra Jain on his head and neck. At the time of causing injuries, appellant Chintu @ Asharam Pandey was saying that he had falsely implicated his brother in the matter of abduction of his brother Golu. Pappu Sonkiya PW/2 immediately informed about the incident to PW/9 Surendra Kumar Jain, brother of Rajendra Jain. PW/9 Surendra Kumar Jain who is resident of Bada Malehra, was in his shop which is about 10 Kms from the place of occurrence. PW/9 Surendra Kumar Jain telephonically intimated to Police Station Bada Malehra and came to Sadwa Bus Stand, where he saw that his brother Rajendra Jain was dead and his dead body was lying on a chair. The deceased had sustained 5-6 deep cut injuries on his neck and blood was oozing out. Janak Agrawal PW/1, owner of the tea shop, narrated the whole incident to him. At Police Station Bada Malehra, after receiving the intimation on telephone, daily dairy No.1493 was recorded vide Ex.P/15-C. After recording the same, PW/18 Mubarak Ali alongwith other staff left for the place of occurrence. On reaching the site, PW/18 Mubarak Ali recorded Dehati Nalish -Ex.P/15 and Dehati Marg intimation - Ex.P/17, issued Ex.P/18 for preparation of inquest, which was prepared vide Ex.P/19 and spot map - Ex.P/1 was also prepared. From the place of occurrence, axe, broken pieces of plastic chair, slipper of the deceased, plain and blood stained earth were seized vide seizure memo Ex.P/2. The accused was arrested and the clothes which he was wearing at the time of occurrence was seized vide seizure memo - Ex.P/25. The statements of the witnesses were recorded by PW/18 Mubarak Ali. The seized material were sent for examination to Forensic Science Laboratory, Sagar vide Ex.P/28. Vide Ex.P/8-A, application was sent to Primary Health Centre, Bada Malehra for post mortem of Rajendra Jain. PW/4 Dr. G.L. Ahirwar and Dr. K.P. Bamhoriya (not examined) conducted the post-mortem and prepared the report vide Ex.P/8. As per post mortem report Ex.P/8, the cause of death of Rajendra Jain was injuries to the vital vessels of carotid, trachea and brain, occipital and temporal area leading to excessive haemorrhage and shock.

(3.) Co-Accused Ramratan Pandey was absconding and, therefore, challan was filed against the appellant keeping the investigation pending under section 173(8) of the Code of Criminal Procedure. The matter was committed to Sessions on 12.9.2008. Charge under section 302 in the alternative under section 302 read with section 34 of the IPC was framed.