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2018 DIGILAW 48 (MP)

Rammani @ Bhura Choubey v. State of M. P.

2018-01-11

ANURAG SHRIVASTAVA, NANDITA DUBEY

body2018
JUDGMENT Smt. Dubey, J -- 1. This appeal has been filed by the appellant being aggrieved by the judgment dated 23.2.2008, passed by learned Special Judge District-Sidhi in Sessions Trial No. 8/2007, whereby the appellant has been found guilty for the offence punishable under section 302 of IPC and has been sentenced to undergo life imprisonment and fine of Rs.2000/-, in default of payment of fine to undergo further S.I.for six months. 2. The prosecution case,in brief, is that on 27.4.1997 an altercation happened between deceased Rajbahor and the appellant. On the next day, i.e.on 28.4.97, at about 6 am in the morning, the deceased along with one Rampal (PW3) took his cattle for grazing near the Devi temple. When the deceased was drinking water from the hand-pump, the appellant attacked and assaulted the deceased with a knife due to which he sustained fatal injury on vital parts of his body and fell down. Rampal ran and called Lolar, Harihar, Deenbandhu and Ramnaresh, and they took the deceased to the police station. A report (Ex.P/3) to the effect was lodged by Rampal (PW3), on the basis of which Marg (Ex.P/5) was recorded and the body of the deceased was sent for postmortem. Dr.S.P.Mishra (PW7) who conducted the postmortem found following injuries : 1. Punctured wound/stab wound : 1 x 1/2” x Big Vessels of Neck, present over the middle part of the neck on its left lateral surface, wound is oblique in direction, margins of the wound are clear cut and sharp angles. On further dissection- Big Vessels of Neck on left side found cut; 2. Punctured wound/stab wound 1 x 1/2” x Abdominal cavity deep-present over the upper part of the abdomen on its left side, wound is oblique in direction, margins of the wound are clear cut and sharp angles. On further dissection- punctured wound/stab wound also found over the left lobe of liver-1” x1/2” x 1” in size; 3. Punctured wound/stab wound : 1”x 1/2” x muscle deep, found present over the lower part of back of trunk on right side; wound is oblique in direction, margins of the wound are clear cut and sharp angles; 4. Punctured wound/stab wound 1” x 1/2” x 1/2” present over the middle part of left forearm on the dorsal surface, wound is oblique in direction,margins of the wound are clear cut and sharp angles; 5. Punctured wound/stab wound 1” x 1/2” x 1/2” present over the middle part of left forearm on the dorsal surface, wound is oblique in direction,margins of the wound are clear cut and sharp angles; 5. Punctured wound/stab wound 1” x 1/2” x 1/2” present over the upper part of left forearm on the dorsal surface, wound is oblique in direction, margins of the wound are clear cut and sharp angles; 6. Punctured wound/stab wound 1” x 1/2” x 1/2” present over the middle part of left thigh on front surface; wound is oblique in direction, margins of the wound are clear cut and sharp angles.” 3. According to Dr. Mishra (PW7), the cause of death was syncope and shock due to multiple injuries on neck and stomach which were fatal in nature. On queries the doctor has stated that the injuries could be caused by the seized weapon. 4. The prosecution to prove its case examined nine witnesses. Statement of appellant under section 313 of the CrPCwas recorded and he examined three witnesses in his defence. 5. The trial Court recorded the finding of guilt against the appellant and convicted him under section 302 IPC as aforesaid, relying on the statements of Sukhlal (PW2), Rampal (PW3), Lalman (PW5) and Suresh Prasad (PW8), and the medical evidence on record. 6. Having heard the learned counsel for the parties and on perusal of the record, it is observed that Rampal (PW3) who lodged the FIR (Ex.P/3) has clearly stated that he went along with the deceased for grazing the cattle and when the deceased was drinking water at the hand-pump, the appellant attacked him and struck him with a knife on various parts of his body, as a result of which the deceased sustained grievous injury and fell down. He has further stated that he along with others took the deceased in a tractor to the police station and lodged the FIR. Similar to the effect are the statements of Sukhlal (PW2), Lalman (PW5) and Suresh Prasad (PW8) who all have stated in no uncertain terms that they saw the appellant struck the deceased a number of times with knife and ran away. These witnesses are very consistent in their testimonies despite their extensive cross-examination. Their testimonies are consistent and corroborated by the medical evidence on record. 7. These witnesses are very consistent in their testimonies despite their extensive cross-examination. Their testimonies are consistent and corroborated by the medical evidence on record. 7. On the contrary, the statement of defence witness Shailendra Singh (PW1) that deceased fell down while working on a kiln is not reliable in view of the stab injuries sustained by the deceased. 8. In view of the clear, unimpeachable and sterling quality of the testimonies of witnesses Sukhlal (PW2), Rampal (PW3), Lalman (PW5) and Suresh Prasad (PW8), the trial Court has not committed any illegality or perversity in recording a finding of guilt against the appellant. The conviction of the appellant is, accordingly, upheld. It is informed that the appellant is in jail. He shall remain incarcerated to serve out the remaining part of his sentence in accordance with the conviction recorded by the trial Court. 9. Resultantly, the appeal being meritless is accordingly dismissed. The impugned judgment dated 23.2.2008 of the trial Court is hereby affirmed.