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1997 DIGILAW 485 (MP)

Goru v. State of M. P.

1997-08-11

R.D.SHUKLA, SHAMBHOO SINGH

body1997
JUDGMENT This appeal is directed against the judgment and order dated 21st March, 1997, of the Additional Sessions Judge, Ujjain, passed in S.T. No. 271/96, whereby the accused-appellant has been convicted u/s 302 IPC for allegedly having committed murder of Kailash Dulichand in the evening of 21.7.1997 at about 6.30-7 p.m. in village Kadodiya and sentenced to imprisonment for life. Prosecution story, in brief, is that Kailash was passing through the path way from jungle, witnesses were also following him. Meanwhile, the accused, who was hiding himself behind the bush, came with Farsi, a hard sharp edged weapon, and caused injury on the head of the deceased. The three eye-witnesses i.e. Vikram Singh, Ramesh and Allanoor saw the incident. The matter was reported to the Police Makdone at 8 p.m., the same was recorded by K.K. Sisodiya (PW 7), who registered the offence u/s 302 IPC vide Crime No. 78/96, Ex. P/1. He visited the spot, prepared inquest report and sent the body for post-mortem examination. He also prepared site map, Ex. P/2, seized controlled and uncontrolled earth from the spot. He received the clothes of the deceased from the hospital, the same was seized. Autopsy of the dead body was conducted by Dr. A.K. Dube (PW 8), who found incised wound of the size of 20 Cm. x 3 Cm. x cavity deep on the left side of the skull, starting from mid line to the back of the ear. There was fracture of parietal bone. Both the bones were cut. Dura matter was also cut. There was cut mark in the brain of the size of 8 Cm. x 2 Cm. The Doctor prepared report, Ex. P/13, and opined that injured died of homicidal injury, which was sufficient in the ordinary course of nature to cause death. The accused was prosecuted. He pleaded not guilty and false implication. The learned trial Judge convicted and sentenced the accused, as above hence this appeal. Contention of learned counsel for the appellant is that the prosecution witnesses are not reliable and only one injury has been caused, therefore, intention of the murder cannot be inferred. As against this, learned counsel for the State - respondent has submitted that there are three eye-witnesses, who have no axe to grind against the accused-appellant and the injury was big and deep that only result of which would have been death. As against this, learned counsel for the State - respondent has submitted that there are three eye-witnesses, who have no axe to grind against the accused-appellant and the injury was big and deep that only result of which would have been death. We have perused the record. Ramesh (PW 1) has very clearly stated that he saw the accused causing injury and giving Farsi blow to the deceased. This witness has lodged the FIR and the same has been recorded by K.K. Sisodiya (PW 7). Thus, he stands corroborated from the FIR He further stands corroborated from the medical evidence of Dr. A.K. Dube (PW 8), who conducted autopsy on the dead body and found injury on the head. The two other eye-witnesses Vikram Singh (PW 2) and Allanoor (PW 3) have corroborated the evidence of Ramesh (PW 1). These three witnesses have no axe to grind against the accused-appellant, their evidence cannot be said to be unreliable. In our opinion, the learned trial Judge has rightly believed them. It is proved beyond reasonable doubt that the accused-appellant caused the death of deceased Kailash. The injury was quite big, 20 cm. in length. Sharp edged part of the Farsi has gone deeper, which had not only cut the skull bone but had created a cut mark on the brain itself, which goes to show the impact. It further shows that the injury was caused with sufficient force which was found to be sufficient in the ordinary course of nature to cause death by Dr. A.K. Dube (PW 8), who conducted the autopsy. Causing of injury as above, is indicative of the intention. Thus, the accused has rightly been found guilty of the murder and the learned trial Judge has awarded him minimum sentence, that also does not call for interference. Conviction and sentence awarded to the accused-appellant is, therefore, affirmed and the appeal is dismissed.