Mansharam vs State Of Mp
2022 Latest Caselaw 8096 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                                BEFORE
                   HON'BLE SHRI JUSTICE VIVEK RUSIA
                                   &
             HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                           ON THE 20th OF JUNE, 2022

                   CRIMINAL APPEAL No. 419 of 2008

        Between:-
        MANSHARAM S/O TRILOKCHANDRA, AGED 19
        YEAR S, R/O GRAM PITAWALI PALIYA, NEAR
        RAILWAY STATION, THANA HATOD, DISTRICT-
        INDORE (MP)

                                                              .....APPELLANT
        (BY MS. SHRADDHA DIXIT, ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH, THROUGH
        POLICE STATION SANAWAD, DISTRICT WEST
        NIMAR, KHARGONE.

                                                            .....RESPONDENT
        (BY SHRI MUKESH KUMAWAT, GOVT. ADVOCATE )

      T h is appeal coming on for hearing this day, JUSTICE VIVEK
RUSIA passed the following:
                                    ORDER

Appellant has filed this appeal being aggrieved by judgment dated 16.01.2008 in Sessions Trial No.86/07 passed by Additional Sessions Judge, Barwaha, District-West Nimar, whereby he has been convicted under Section 302 of IPC and sentenced him to undergo Life Imprisonment along with fine of Rs.1000/- with further default stipulation.

As per prosecution story on 26.04.2007 at about 9:30 am, informant Jagdish gave an information to Police-Station - Sanawad that he went to attend marriage ceremony along with his father Rameshwar. His father was sitting

outside in the bed and at that time, Rakesh informed that present appellant has killed his father by means of Knife and Darata. He immediately rushed to his house and found that his father was lying dead in a pool of blood. He also saw appellant Mansharam running from the spot with Darata in his hand. He found various injuries on the body of his father. The entire incident was witnessed by Jyoti, Golu and Sushila Bai. They have noted his motorcycle bearing registration no.MP-13/4533. FIR was registered at Crime No.155/07 for offence punishable under Section 302 of IPC. Spot map was drawn. Blood stained clothes and blood soaked soil were also recovered. Appellant Mansharam was arrested and on his disclosure blood stained clothes along with Knife and

Darata were also recovered from his possession. All were sent to FSL.

After completing the investigation, chargesheet was filed and trial was committed before the Sessions Court. The appellant denied the charges and pleaded for trial.

The learned trial Court has called upon the prosecution to establish the charges. The prosecution has examined eleven witnesses and exhibited sixteen documents as Ex.P/1 to Ex.P/16. In defense, the appellant has not examined any witness and simply pleaded false implication by the police.

After evaluating the evidence came on record, the appellant has been convicted, as stated above, hence this appeal before this Court.

We have heard learned counsel for the parties and perused the record. So far as the cause of death is concerned, autopsy conducted by Dr. Ajay Thete (PW/9) on 26.04.2007 has found as many as 23 stab injuries on the entire body of deceased and the age of deceased was found to be above sixty years and therefore the death is homicidal and hence we affirm the findings

recorded by the trial Court as issue no.1.

So far as issue no.2 is concerned, the appellant has committed the murder of Rameshwar by causing 23 stab injuries by means of Darata and Knife.

In support of the same, the prosecution has examined three eye-witnesses namely Sushila Bai (PW/2), Jyoti (PW/3) and Golu (PW/4) who have not only seen the appellant assaulting the deceased by means of Knife and Darata but has also seen him running from the spot. Jagdish, the son of deceased came to the spot on an information received from Rakesh who has seen the appellant running from the spot in his motorcycle. They have noted the motorcycle number which was seized from the possession of appellant. Not only the motorcycle but the blood stained clothes along with knife and darata were also recovered from the possession of appellant. All were sent to FSL and as per FSL report, human blood was found on the clothes worn by the appellant.

The earlier two suspension applications filed by the appellant were also rejected by this Court. The appellant has completed more than fourteen years of jail incarceration and no further criminal record has been found against him. There is a hope that he will be released from jail after completing fourteen years of jail sentence and also after considering his conduct in the jail.

In view of the aforesaid, we are not inclined to release the appellant from

jail. Accordingly the appeal stands dismissed.

       (VIVEK RUSIA)                                 (AMAR NATH (KESHARWANI))
           JUDGE                                              JUDGE


    Arun/-
Digitally signed by ARUN NAIR
Date: 2022.06.23 11:39:29
+05'30'