IMPORTANT POINTS
When the courts below return concurrent findings of fact, Supreme Court should not reassess the evidence and arguments on point of such facts.
Minor contradictions here and there in the evidence do not matter.
Delay in lodging FIR Delay in lodging FIR – Held, not material if duly explained is not material.

JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 03.09.2009 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 2464 of 2000 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and upheld the judgment dated 30.08.2000 passed by the Additional Sessions Judge, Katni in Sessions Trial No.690/1999 by which the appellant was found guilty of the offence punishable under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced to undergo life imprisonment and a fine of Rs.1000/-, in default of payment of fine, to undergo further rigorous imprisonment for three months.

2. In order to appreciate the issues involved in this appeal, relevant facts need mention in brief infra.

3. Three accused persons, namely, Satya Raj Singh (appellant herein), Santosh and Argent alias Prabhu Dayal were prosecuted for committing murder of one person called Bhaiya alias Narendra under Section 302/34 IPC.

4. The Additional Sessions Judge, Katna by his judgment/order dated 30.08.2000 found the appellant– Satya Raj Singh guilty for commission of murder of Bhaiya alias Narendra and accordingly convicted him under Section 302/34 IPC and sentenced him to undergo life imprisonment. So far as other two accused namely, Santosh and Urgent alias Prabhu Dayal are concerned, both were acquitted of the charge.

5. The appellant – Satya Raj Singh felt aggrieved and filed criminal appeal in the High Court of Madhya Pradesh at Jabalpur. So far as the State is concerned, no appeal was filed against that part of the order of the Additional Sessions Judge by which two other accused, namely, Santosh and Urgent alias Prabhu Dayal were acquitted. In this way, the order of acquittal of Santosh and Argent alias Prabhu Dayal became final.

6. By impugned order, the High Court dismissed the appeal filed by Satya Raj Singh, which has given rise to filing of the present appeal by way of special leave in this Court only by the appellant-Satya Raj Singh.

7. The case set up by the prosecution against the accused persons and which was proved against the appellant is as follows.

8. The incident occurred on 19.09.1999 around 7 p.m. in village Imaliya. Four persons namely, Bhaiya alias Narendra (deceased), Ravindra Singh (PW1), Jhallu alias Mahendra (PW3) and Argent alias Prabhu Dayal were sitting on the platform (small place in front of house) of one Uli Singh. They were chatting with each other.

9. At that time, the appellant along with Santosh came there and expressed his wish to talk to Argent alias Prabhu Dayal. The trio then went near to the house of one Abhay Raj Singh alias Daddu.

10. Argent alias Prabhu Dayal then came back and called Bhaiya alias Narendra (deceased) for two minutes to have some talk. Bhaiya, however, replied that he has to go to his house to serve cow. Argent alias Prabhu Dayal then said to Bhaiya that there is some important urgent matter, which he has to talk with him and, therefore, he should come with him.

11. Bhaiya accordingly went to participate in the talk with Argent alias Prabhu Dayal. At that time, Jhallu, who was still sitting on the platform, told Ravindra Singh that they had to go to the market to purchase some items. Ravindra Singh and Jhallu accordingly left for the market. When they were proceeding towards the market and reached near the house of Abhay Raj Singh, they saw Satya Raj Singh (appellant herein) assaulting Bhaiya alias Narendra with Gupti (a kind of knife) on his neck and its nearby whereas Argent alias Prabhu Dayal and Santosh were standing near to him.

12. On seeing them, Satya Raj Singh (appellant herein) and Santosh both ran away from the spot. Jhallu seeing the incident ran towards Bhaiya alias Narendra (deceased) whereas Ravindra ran behind Satya Raj Singh. After covering some distance, both Satya Raj Singh and Santosh turned back and threatened Jhallu and Ravindra not to chase them e