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SUBODH ABHYANKAR, SATYENDRA KUMAR SINGH
BASANT S/o YASHWANTRAO KALA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT SATYENDRA KUMAR SINGH, J. : – The appellant has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] against the judgment dated 28-6-2011 passed by the Court of 3rd Additional Sessions Judge, Indore in S.T.No. 1042/2009, whereby the appellant has been convicted under section 302 of INDIAN PENAL CODE , 1860 (in short IPC) and under section 25(1)(1-B) of ARMS ACT and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and 1 year R.I. with fine of Rs. 500/- with default stipulation.
2. Prosecution story in brief is as follows :
(i) About fifteen years ago complainant Saroj Kashyap’s husband deceased Surendra Kashyap purchased a hath thela placed near Mahalaxmi Temple, opposite to Rajwada Indore from the appellant Basant Kala for an amount of Rs. 40,000/- and ran a shop of bangles therein. Appellant occasionally used to take an amount of Rs. 1,000/- as rent from the deceased and when the deceased denied to give the rent amount, appellant got angry and was having animosity with him. On 29-6-2009, at about 8:30 p.m. when deceased was going towards Rajwada Gate, appellant came there from opposite direction a
Advocates appeared :For the Appellant : A. S. Rathore For the Respondent : Mukesh Kumawat
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
Eyewitness testimony from relatives, if corroborated by physical evidence, can be deemed reliable regardless of familial interest.
The court established that the conviction for culpable homicide not amounting to murder is justified when intent to kill is not proven, relying on witness credibility and evidential discrepancies.
Criminal Law - Criminal Trial - Whether conviction justified - Ante mortem injuries noted by Dr. in his post mortem report leads to only hypothesis that appellant knew that such act of his which caus....
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