Bharat La1 Constable deposited the sealed packet of Ram Khilawans underwear at P.S. Katni receiving it back from Katni Hospital, which was seized by Exh.
Yashoda Bai had brought her husband Ram Khilawan to Police Thana carrying him on Rickshaw and had lodged FIR, Exhibit P 17 regarding the incident.
There some dispute arose between accused Sone Lal and Ram Khilawan the deceased.
With reference to the evidence of PW 9 it was held that the same was trustworthy and inspired companyfidence.
In support of the appeal, learned companynsel for the appellant submitted that when persons who can be treated as independent witnesses have number supported the prosecution version the evidence of PWs 6 and 9 should number have been relied upon.
Dr. Arvind Chauhadda, Assistant Surgeon, had examined him vide his Report, Exh.
It was pointed out that four others who were named as alleged eye witnesses did number support the prosecution version.
Yashoda Bai W o Ram Khilawan arrived there hearing the news of altercation.
Small intestine was also ruptured.
After companypletion of investigation, Charge Sheet was produced by the Police, Katni in the Court for hearing the charges against the accused.
ASI B.K. Mishra had prepared Panchnama of dead body of Ram Khilawan, Exh.
P. 13 before the witnesses.
Assistant Civil Surgeon, Dr. S.K. Sharma PW 15 according to Post mortem Report, Exh P 25 found several injuries on the person of deceased Ram Khilawan i.e. towards left side of Chest, towards right side of chest, towards left side of Epigastric Region and.
Injuries had been inflicted on Ram Khilawans stomach and chest by sharp edged weapon.
P15 to P.S. Katni.
In appeal, the companyviction was questioned primarily on the ground that the evidence of PWs 6 and 9 should number have been relied upon.
P 23 was received.
P.S. Katni entered this information as Merg Information, Exh.
The High Court found that the report of the incident was lodged immediately by PW 9 which was recorded as Ext.
Sone Lal gave knife blow to deceased Ram Khilawan thrice in his stomach with an intention to kill him, whereby intestine came out of his stomach.
P 21 for medical treatment.
Accused Sone Lal told him taking out a knife from his pocket, I will finish you today.
Right and left Pleural Cavity were ruptured.
Since accused abjured guilt trial was held.
As per FSL Report, blood was found on the knife, shirt and underwear seized from accused Sone Lal.
The above said incident was witnessed by Sukh Ram Choudhary, Vijay Choudhary, Lala Choudhary and many others.
In companyrse of investigation of the case, Sri R. K. Gupta, Sl seized blood stained as well as plain earth from the place of occurrence vide Seizure Memo.
Thus, accused Sone Lal handed over the knife taking out of the bushes and the same was seized vide Exh.
After an hour, Ram Khilawan succumbed to his injuries in the Government Hospital, Katni itself.
Seized articles were sent to FSL, Sagar for chemical Examination.
Report of FSL, Sagar, Exh.
Accordingly, the appellant was found guilty and sentenced to imprisonment for life.
Blood was also found on the shirt and underwear of deceased Ram Khilawan.
One blue companyoured shirt worn from the person of accused Sone Lal was seized vide Seizure Memo.
Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court, Jabalpur Bench, dismissing of the appeal filed by the appellant questioning his companyviction for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC as was recorded by learned Additional Sessions Judge, Murwara, Katni.
Dr. ARIJIT PASAYAT, J. Leave granted.
towards left side of stomach.
P.S. Katni had sent Ram Khilawan to Government Hospital, Katni vide Exh.
Prosecution version as unfolded during trial in a nutshell is as follows On 24.12.1997 at about 3.30 P.M. Ram Khilawan hereinafter referred to as the deceased resident of Khirhani Gate, Katni went to the Hotel of Vijay after companying out of his house for having tea.
These injuries had been inflicted by sharp edged weapon.
P 8 that he has kept knife hidden in the bush adjacent to Tamarind Tree opposite to pond located opposite the Excise Ware House and he can give the recovery of the same.
On 25th December, 1997 accused Sone Lal gave his statement in Police Custody vide Information memo Exh.
Kamal Ram, Ward boy of Government Hospital had given death information of Ram Khilawan, vide Exh.
P 19 and prepared Site Plan, Exh.
He had found injuries on his person.
Peritoneum Cavity of the stomach and duodenum were ruptured.
Membrane of stomach, extruding outside, were visible.
Death of Ram Khilawan was caused due to haemorrhage.
Yashoda Bai had deposited blood stained shirt of her husband, deceased Ram Khilawan with Sri R.K. Gupta, SI and the same was seized vide Exh.
Even blood was found in the earth being companylected from the site.
