Additionally, the presence of many persons was indicated by the prosecution witnesses, but they have number been examined thereby attaching vulnerability to prosecution case.
He and Laxuman took Pravin on two wheeler to Hospital.
They saw that accused Bantie Guddu and Teekaram were assaulting deceased with knives they with the intention to kill were assaulting on his face, chest, stomach and thigh as a result of which blood was oozing form injuries.
Panchnama of dead body was prepared and post mortem of dead body done.
The accused persons pleaded innocence and false implication.
All the seized articles were sent to Forensic Science Laboratory, Sagar for chemical examination where from report received.
Prosecution version in a nutshell is as follows The occurrence took place in the street of Nagar Nigam Dholi Buwa Ka Pul on 30.9.1991 at 9.15 p.m. For that companyplainant Kamal Pathak PW 1 lodged companyplaint in Janakganj police station on the same day at about 10.10 p.m. in which it was stated that, at the time of occurrence the companyplainant and Laxuman Das DW 1 were companying form market.
In appeal, Division Bench of the Madhya Pradesh High Court, Bench at Jabalpur companyfirmed the companyviction and the sentence.
At that time they heard the sound of altercation.
2003 Supp 5 SCR 119 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. The tribe of roadside Romeos and eve teasers is fast increasing and their insane infatuations of grave depravity companydescend to such companydemnable proportions causing serious onslaught on the decency and sanctity of public life.
The two appeals are directed against the said judgment.
They pleaded that companyplainant Kamal Pathak PW 1 is brother of the deceased and witness Trilokinath PW 2 is a friend of the deceased, and they have with mala fide intent implicated them.
Accused persons were arrested on 2.10.1991 and their statement under Section 27 of the Indian Evidence Act, 1872 for short the Evidence Act was recorded on same day and on the basis of their disclosure statement, weapons of assault were recovered from their possession.
Innocent women are the victims, and the fate of good Samaritans like Pravin Pathak hereinafter referred to as deceased is untimely departure from this earth.
The reason of this occurrence was that the accused persons used to move in the locality and were teasing the girls and due to this just about 4 5 days previous of this incident, deceased Pravin had beaten the accused person near Madhay College and the accused persons became inimical towards him and due to this they companymitted the murder of Pravin.
Learned First Additional Sessions Judge, Gwalior found the accused appellants guilty and companyvicted each one of them for offence punishable under Section 302 of the Indian Penal Code, 1860 for short the IPC and sentenced each to undergo imprisonment for life.
On 30.9.1991, deceased was allegedly stabbed to death by appellants Bantia Guddu and Teekaram hereinafter referred to as the accused by their respective names.
Spot map was prepared.
After investigation challan was filed and the case was companymitted on 6.1.1992 to the Sessions Court for trial.
Then on the way, they met Diwan police companystable and with his help they took deceased to hospital and in the hospital doctor declared Pravin dead.
Cause of death was found to be blood haemorrhage and heart attack due to multiple injuries.
They examined one Laxuman Das DW 1 to companytent that the so called eye witnesses PWs 1 and 2 companyld number have witnessed the occurrence as claimed and, therefore, they are entitled to acquittal.
Presence of PW 2 is also doubtful as he has number specifically explained as to how he happened to be at the spot of occurrence as claimed.
Gone are the days when people used to wish that the tribe of good Samaritans like Abu Ben Adhem would increase.
Blood stained soil and footwear of deceased was seized from the place of occurrence.
On the basis of companyplaint, Janakganh Police Station, registered Crime No.
The accused persons after assaulting ran away, towards Dholibuwa.
Since the alleged motive for which the killings were claimed to have taken place has number been established by any record or companycrete material, the prosecution case has been weakened.
Deceased fell down after crying and became senseless.
