YOGESH KUMRAWAT Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has assailed judgment and order dated 28.9.2010 passed in S.T. No. 973/09 by VIth Addl. Sessions Judge, Indore, whereby the learned Sessions Judge has convicted the appellant under Section 302 of IPC and sentenced him for life imprisonment with fine of Rs. 1000/- and in default of payment of fine, further to undergo 6 months RI.

(2.) It is the case of the prosecution that on 31st May, 2009, Vandana Tayde, along with her husband Ravi had come to attend wedding of her younger sister Nisha, at her maternal home situated at 43, Babumurai Colony, Airport Road, Indore. At about 3:30 in the afternoon, when she along with her sister Usha and other family members was sitting in the house, Yogesh and Bablu, came and picked up bicycle kept inside the house. When Ravi objected for the same, they started abusing him. There was some verbal altercation between both of them suddenly, Yogesh took out knife kept in his waist and inflicted a blow on the chest of the deceased with intent to kill him. The deceased sustained fatal injuries and succumbed. Vandana, her brother Anil, Sister Usha and mother Manglabai rushed to rescue him, but Yogesh gave knife blows to them also. Vandana and her sister Usha also sustained injuries. Both the accused persons fled away from the spot. Gopi and other neighbours have also seen the incident.

(3.) Vandana lodged FIR Ex.P/1, which was registered at Crime No. 375/2009. The police investigated the case, visited the spot, prepared spot map Ex.P/2, seized plain and blood smudged soil from the spot vide Ex.P/3, called the witnesses and prepared memo of corpse Ex.P/8, sent the dead body for post-mortem and obtained report Ex.P/11, sent all the injured for medical examination and obtained their reports Ex.P/10,11,12, recorded statements of the witnesses and came to know that in all four accused persons were involved in the crime and arrested them vide memo of arrest Ex. P/13 to P/16. The police interrogated Yogesh, who revealed information with regard to the knife used in the crime (Ex.P/17) and recovered the knife on the basis of information given by Yogesh (Ex.P/18). The police sent the seized articles for chemical analysis to the FSL, which confirmed presence of human blood on the knife seized from possession of Yogesh. After other usual investigation, the police filed charge-sheet against all the four accused persons namely Yogesh, Dinesh, Gopi and Bablu.