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2020 Supreme(MP) 1203
IN THE HIGH COURT OF MADHYA PRADESH (GWALIOR BENCH)
Vishal Mishra, J.
Raju and Ors. - Appellants
Vs.
State of Madhya Pradesh - Respondent
Criminal Appeal No. 219/2017
Decided On : 13-07-2020
For the Appellant : Ashok Jain
For the Respondents:Aditya Singh Ghuraiya, Govt. Advocate and Raghuveer Singh
The main legal point established in the judgment is that the prosecution successfully proved the case beyond reasonable doubt, relying on the consistent statement of the injured witness, medical evidence, and other circumstances.
Headnote:
Criminal Appeal - Conviction under section 307 of IPC - [SUMMARY OF ACTS AND SECTIONS REFERENCED] - The court discussed the prosecution's case under section 307 of IPC and the arguments raised by the appellant's counsel. The court analyzed the evidence, including witness statements, medical evidence, and the prompt Dehati Nalishi, and concluded that the prosecution had successfully proved the case beyond reasonable doubt. The court upheld the judgment of conviction.
Fact of the Case:
The incident involved the appellant no. 1 being convicted under section 307 of IPC and sentenced to suffer 7 years RI with a fine of Rs. 5000, and appellant no. 2 being convicted under section 307/34 of IPC and sentenced to suffer 7 years RI with a fine of Rs. 5,000. The prosecution story alleged that the accused inflicted knife injuries on the complainant, and the trial court found the prosecution successful in proving the case against the accused.
Finding of the Court:
The court found the prosecution successful in proving the case against the accused persons, and upheld the judgment of conviction.
Issues: The issues included the recording of Dehati Nalishi, the presence of the accused at the place of the incident, and the discrepancies in witness statements and documents.
Ratio Decidendi: The court relied on the consistent statement of the injured witness, medical evidence, and other circumstances to establish the prosecution's case beyond reasonable doubt.
Final Decision: The appeal was dismissed, and the judgment of conviction was upheld.
JUDGMENT :
Vishal Mishra, J.
1. This criminal appeal under Section 374 of Cr.P.C. assails the judgment of conviction of the trial Court dated 13.1.2017 passed by First Additional Sessions Judge, District Gwalior in Sessions Trial No. 149/2014, whereby appellant no. 1 has been convicted under section 307 of IPC and sentenced to suffer 7 years RI with a fine of Rs. 5000/- and in lieu of default of payment of fine further imprisonment of six months RI and appellant no. 2 has been convicted under section 307/34 of IPC and sentenced to suffer 7 years RI with fine of Rs. 5,000/- and in lieu of default of payment of fine further imprisonment of six months RI.
2. As per the prosecution story the incident is said to have taken place on 20.10.2013 when the injured as well as the appellants were going towards the Airport Road Tiraha. The complaint has been lodged by the injured Avneesh (PW. 2) on the basis of which Dehati Nalishi was got registered (Ex. P.2). As per the prosecution story, it is alleged that on 19.10.2013 the accused Kirti wife of the injured along with other co-accused Raju came to Gwalior as Kirti was having D.Ed. examination, which was scheduled to be held on 20.10.2013 at Greenwood Public School, Adityapuram, Gwalior. It is alleged that on 19.10.2013 at 12:00 PM the accused Kirti has telephoned Raju Dixit the other accused, who came there by his motorcycle and three of them came to Gwalior on the motorcycle of Raju. Avneesh and his wife went to Anjana's house, who is said to be the cousin (Chacheri Behan) of Kirti and Raju went back by his motorcycle. On 20.10.2013 when Kirti and Avneesh were going to the Examination Centre, at that time Kirti has made a phone call to Raju and he came to Gwalior by his motorcycle and all three of them went to the Greenwood Public School (the Examination Centre). After the examination was over, Raju, Kirti and the complainant/injured Avneesh sat on the motorcycle of Raju and on the request made by the Raju that he has some work at the Airforce Centre all of them went towards the Air Force Centre. Near the Air Force Centre Raju stopped the motorcycle, Kirti caught hold of the hands of Avneesh and Raju has inflicted knife injuries to Avneesh all over the body including the vital parts. Thereafter assuming that Avneesh has expired they left him there and went away.
3. On the basis of the aforesaid, Dehati Nalishi and thereafter the FIR (Ex. P.8) was registered. It is submitted that Avneesh was taken to Sahara Hospital, Gwalior by Ambulance 108 and at Sahara Hospital his complaint was got recorded by Mahaveer Singh (PW. 4). On the basis of the aforesaid information, the FIR was got registered at Crime No. 313/2013 at Police Station Maharajpura, District Gwalior. During the course of investigation, the police authorities have prepared the spot map and memorandum of 27 of Evidence Act, seizure memo and other relevant documents and has recorded the statements under section 161 of Cr.P.C.
4. After completion of the investigation, charge-sheet has been filed and the matter was put to trial. The accused have denied the incident and stated that they have been falsely implicated in the case, therefore, they were put to trial. During the trial 13 prosecution witnesses were examined as Meenakshi (PW. 1, Avneesh (PW. 2), Dr. P.C. Saxena (PW. 3), Mahaveer Singh (PW. 4), Akhilesh Sharma (PW. 5), Manish Dwivedi (PW. 6), Lakhan Singh Rajput (PW. 7), Anjana (PW. 8), Amar Singh Kushwah (PW. 9), Sobren Singh (PW. 10), Amit Mishra (PW. 11), Dr. M.G. Barua (PW. 12) and Udhhav Singh Parmar (PW. 13) and other relevant documents were exhibited before the Trial Court.
5. On the basis of the oral and documentary evidence available on record, the learned Trial Court has arrived at the conclusion that prosecution was successful in proving the case against the accused persons and accordingly the appellant no. 1 was convicted under section 307 of IPC and sentenced to suffer seven years R.I. and appellant no. 2 was convicted
