ANIL @ NIMBU KHATIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant is convicted under Section 302 of IPC for murder of Raju S/o Narayan Yadav on 14/10/2014 at about 4:15 in the evening by causing fatal injury by knife and life imprisonment with fine of Rs.2000/- is imposed upon him for the alleged offence vide judgment dated 03/10/2016 passed by Sessions Judge, Indore in Sessions Trial No.963/2014.

(2.) Facts in brief are that on 14/10/2014, complainant Rajesh Sajan was at his tea shop of main road Sajan Nagar. His Bhabi Sunita Yadav and sister Kala Yadav brought Raju S/o Narayan in rickshaw and informed that somebody has inflicted knife under Tin Imli Bridge. There was an injury on left side of chest with bleeding and he was unconscious. He accompanied them to MY Hospital, where doctor declared him brought dead. He then informed Police Station Bhawarkuan. Information was deduced by the police as dehati nalishi Ex.P/6. A merg and thereafter FIR No.812/2014 under Section 302 of IPC was registered at Police Station - Bhawarkuan. The police reached hospital, prepared panchnama lash, requested the doctor for autopsy, received PM report, which confirmed that the death was homicidal. The police also prepared spot map, recovered plain and bloodstained soil from the spot, recorded police statement of witnesses, arrested the appellant, recovered a knife on his pointing out, sent the same and other articles seized during investigation to the FSL. FSL confirmed existence of human blood on the knife. After completing investigation, the police filed charge-sheet, which resulted in conviction and sentenced of the appellant as stated in preceding para.

(3.) The appellant has not controverted the fact that on the alleged date, time and place of the incident, Raju was died due to injuries sustained on the chest and his death was homicidal, therefore, we need not to discuss the prosecution evidence produced in this regard in detail.