The duty of the prosecution to prove the accused's guilt and the requirement for absolute certainty in proving an alibi were central legal principles established in the judgment.

JUDGMENT :

S. K. SETH, J.

1. Appellant/accused has preferred this appeal against the conviction and sentence handed down by the 13th Additional Sessions Judge, Indore in S.T. No. 176/1993. As against the charges under sections 148 and 302 or 302 read with 149 and 307, Indian Penal Code framed against him, trial Court found him guilty of offences punishable under sections 148 and 302 of the Indian Penal Code and sentenced him to life imprisonment under section 302 with a fine of Rs. 1000/- with default stipulation and one year RI under section 148, Indian Penal Code. Other co-accused have been acquitted of all the charges framed against them except Anil brother of appellant, who was ordered to face trial in the Juvenile Court by virtue of this Court order passed in Criminal Revision No. 333/94 dated 31-10-1995.

2. Appellant Subhash along with 4 other co-accused was brought before the Court to stand trial for having committed murder of Praveen on 11-1-1992 at about 4.30 a.m. in the morning in the M. Y. Hospital Indore. Appellant abjured his guilt and took the plea of alibi and examined two defense witnesses in support of that plea.

3. Prosecution case as opened out before the trial Court was that on 10-1-1992 appellant and his associates had a fight with Praveen who sustained knife injury. He lodged the FIR (Ex.P-7) at PS Chatripura, Indore and as he was in serious condition he was referred to M. Y. Hospital for treatment. He was examined by Dr. Prakash Kiyawat (PW-6) who found a stabbed wound, and issued admission card Ex.P-11. Praveen was admitted in the M. Y. Hospital Indore, the bed Head Ticket is Ex.P-13 wherein a stabbed wound over left side of the back was mentioned. His wife Alpana (PW1) and Jaiyantrao (PW8) brother of the deceased, stayed back in the Hospital to look after him. As stated earlier, appellant, his brother Anil and other co-accused persons armed with deadly weapons came in the early part of the morning and finished off Praveen in the Hospital and when Jaiyantrao (PW8) rushed to the rescue of the Praveen, also sustained injures, and then the accused ran away. On the date of incident Ram Sahai Mehra (PW4) Head Constable was posted at the Police out-post of M.Y. Hospital Indore. On the information of ward-boy, Head Constable made entry in the Rojnamcha Ex.P-4A and at the instance of injured eye-witness Jaiyantrao (PW8), Head Constable recorded the Dehati Nalishi Ex.P.5 on the basis whereof FIR Ex.P-20 was recorded by ASI M. M. Khan (PW11). Dr. Raj Kumar Singh (PW13) performed the autopsy and his report is Ex.P-22. After completion of investigation charge-sheet was filed and after trial the learned Judge pronounced the judgment under appeal.

4. We have heard rival submissions and perused the evidence that has come on record. Learned Counsel for appellant submitted that no case is made against the appellant and he was entitled to acquittal whereas learned State counsel supported the judgment and submitted that there is no merit in the appeal and it deserves dismissal.

5. Prosecution examined number of witnesses. On scrutiny of prosecution evidence, following incriminating facts emerge against the appellant.

I. FIR Ex.P-7 incident of 10-1-1992 where Praveen received a knife injury in the fight with the appellant and his associates;

II. Admission of Praveen on 10-1-1992 in the M.Y. Hospital for treatment of grievous injury;

III. Examination of Praveen by Dr. Kiyawat (PW6) who noticed a knife injury over left side of back;

IV. Eye-witness account of wife Alpna (PW1) and brother Jaiyantrao (PW8) who stood well the fire of cross-examination;

V. Seizure and recovery of Driving License of the appellant from the scene of crime by Head Constable (PW4). It is a public document and used as one of the mode to establish identity of a person. It is also pertinent to mention that though a suggestion was put to Alpana (PW1) in cross-examination about missing driving License and lodging of report, but interestingly, when question No. 77 wa