(Delivered on 17.5.2018) As per S.K. Gangele, J:Appellant was prosecuted for commission of offence punishable under Section 302 and 307 of IPC.Prosecution story in brief is that the deceased had given his T. V. and V. C. D. Player to the appellant fifteen days before from the date of the incident.Appellant did not return back T. V. and V. C. D. Player.On the date of the incident the deceased and P. W. 1 both had gone to the house of the appellant on a motorbike, they 2 entered in the house.The deceased told the appellant to return back T. V. and V. C. D. Player because family members were demanding the same.Appellant told the deceased that he had no money, hence, he had given T. V. and V. C. D. Player in the marriage of sister-in-law, on that account the deceased abused the appellant.The deceased told him that T. V. and V. C. D. Player were given for watching and not for giving the same in dowry.Appellant and deceased both were abusing each other.Appellant told the deceased that he would return T. V. and V. C. D. Player after purchasing the same on receiving salary.On this count appellant had taken out an Axe and inflicted blow on the head of the deceased.P. W. 1 tried to save the deceased, on which the appellant had inflicted blow of Axe on P. W.1 also.P. W.1 went to his house and narrated the incident to his family members.They reached at the house of appellant Vaman, he did not open the door.He deposed that the deceased was my friend.Appellant was working as Peon in Government School.He was living in a Government Quarter.The deceased had given T. V. and V. C. D. Player to the appellant.The deceased told me that we would go to the house of the appellant to take back T. V. and V. C. D. Player because appellant did not return back the same since last four months.We went on a motorbike at the residence of the appellant, we entered in the house.Thereafter, the deceased told the appellant to return back T. V. and V. C. D. Player because his family members were 4 demanding the same.Appellant did not return back T. V. and V. C. D. Player, he told the deceased that I had given T. V. and V. C. D. Player in dowry in the marriage of my sister-in-law because I had no money, on that account the deceased was shouting and abusing.He told the deceased that he would return T. V. and V. C. D. Player after purchasing the same on receiving salary in the next month.The deceased and the appellant both were abusing to each other.Thereafter, appellant went in side of the house and taken out an Axe and inflicted blow of Axe on the deceased.He fell down, I cried on which the appellant also inflicted a blow on my head and told me to keep mum.Thereafter, he also inflicted some blows at the deceased.I ran away and went to my house.I told the incident to my family members.They went at the house of the appellant.I was referred to Government hospital.Toga P. W.2 admitted that he signed Ex.P.6, Ex.P.7, and Ex.P.8, sezures of plain & red earth and sleepers.Jhamlo Bai P. W.3 deposed that I went to the house of the appellant, which was locked from in side, house was not opened.Subsequently, house was opened.9. D. S. Kanwar P. W.4 is Naib Tahsildar, who prepared dead body Panchnama Ex.Matan P. W.5 is the father of the deceased.He went to the 5 spot after the incident.Prabhakar Rao P. W.6 is Patwari, who prepared the spot map Ex.Phundulal P. W.8 is the witness of seizure.He deposed that an Axe and T. V. were seized.Thereafter, appellant came and opened the door, the deceased was found dead.P. W.1 was admitted at the hospital and appellant was arrested.Police conducted investigation and filed charge-sheet.During trial appellant abjured his guilt and pleaded innocence.However, trial court held appellant guilty for commission of offence punishable under Section 302 and 307 of IPC and awarded sentence as mentioned above.Learned counsel for the appellant has contended that conviction of the appellant is based on the evidence of P. W.1, who lodged FIR.According to FIR, there was a quarrel and scuffle between the appellant and the deceased.Both had beaten 3 to each other by fists and kicks, in that event the appellant had inflicted injuries.Learned counsel for the State has submitted that the appellant had given repeated blows of Axe.He had also given one blow of Axe to P. W.1, which was serious in nature.He had used deadly weapon.Hence, trial Court has rightly convicted the appellant for commission of offence of murder.I was admitted in the hospital for ten days.Villagers lodged the report at the police station.I signed Ex.P.1, which is merg intimation, Ex.P.2, which is FIR and my T-shirt was seized by Ex.Axe was seized by seizure memo Ex.I signed both the documents.Other witnesses had narrated the incidents.Manish Balde P. W.17 is the Doctor, who performed postmortem of the deceased.He deposed that on 19.5.2007, I was posted as Assistant Medical Officer at Community Health Center, Athner District Betul and performed postmortem of the deceased.I noticed following injuries on the body of the person of the deceased:(1) Sharp cut incised wound situated on right laterally on parietal region on head.Size 3 x 3 x 1 cm.(2) Sharp cut incised wound situated on leftt laterally on parietal region on head.Size 2 x 3 x 1 cm.(3) Sharp cut incised wound situated on central occipital region on head.Size 3 x 2 x 1 cm.(4) Sharp cut incised wound situated on right laterally on occipital region on head.Size 3 x 1 x 1 cm.(5) Sharp cut incised wound situated on left laterally on occipital region on head.Size 2 x 1 x 1 cm.On internal examination, I noticed sharp cut incised wound on the head.Injuries were antemortem in nature.The deceased was died due to injuries suffered by him.I replied quarry of the 6 police that the injuries suffered by the deceased could be caused by Axe, which was seized from the appellant.I also examined injured witnesses P. W.1 and noticed one incised injury on his head.16. D. K. Sakalle P. W. 15 is Investigation Officer.He deposed that I prepared spot map and signed the same.I seized plain and red earth from the spot vide Ex.P.8 and I signed the same.I also recorded statements of Balakram, Mamta, Sabulal, Munna, Malan, Amlobai, Mathura, Birjobai, Chintu @ Rajkumar, Panchhibai and Madhukar.On his memorandum an Axe and clothes were seized.Axe was seized by Ex.T-shirt which wearing the appellant was seized by seizure memo Ex.Seized articles were sent to FSL for examination.In the present case, P. W.1 is the injured eyewitness.He was present on the spot.He lodged named FIR.The Apex Court in the matter of Abdul Sayeed Vs.State of M. P. reported in (2010) 10 SCC 259 has held as under in regard to testimony of injured eyewitness :"The question of the weight to be attached to the evidence of a witness that was himself injured in the course of the occurrence has been extensively discussed by this Court.Where a witness to the occurrence has himself been injured in the incident, the testimony of such a witness is generally considered to be very reliable, as he is a witness that comes with a built-in guarantee of his presence at the scene of the crime and is unlikely to spare his actual assailant(s) in order to falsely implicate someone."Convincing evidence is required to discredit an injured witness".(Vide Ramlagan Singh & Ors.State of Bihar, AIR 1972 SC 2593; Malkhan Singh & Anr.Axe was seized on memorandum of the appellant.Clothes which appellant was wearing at the time of incident were also seized and as per FSL report Ex.P.28 on both articles blood stains were found.FIR was lodged immediately after the incident.Hence, trial court has rightly held the appellant guilty for murder of the deceased.Learned counsel for the State has strongly argued that the appellant had given repeated blows of Axe on the deceased.He had given one blow of Axe to P. W.1 also.Hence, trial Court has 8 rightly convicted the appellant for commission of offence of murder and awarded proper sentence.In support of his contentions learned counsel for the respondent has relied on the following judgments of the Apex Court; (1) Ghanshya Vs.State of U. P. reported in 1990 (Supp) SCC 611, and (2) Munfait Vs.Contrary to this, learned counsel for the appellant has submitted that there is difference in the version of FIR, which was lodged by the P. W.1 immediately after the incident and his court statement.As per FIR the deceased went to the house of the appellant, he was abusing to him.Thereafter, there was a scuffle between the deceased and the appellant.Both had beaten by fists and kicks to each other and in that event the appellant had taken out Axe from the house and inflicted blow at the deceased.Hence, the act of the appellant would fall under Section 304-I of IPC.Appellant examined his wife asD.W.1 in his defence.She deposed that the deceased was trying to outrage her modesty.He entered in the house, at that time the appellant came there and when I prevented the appellant from aforesaid act, both had beaten to each other.There is slight difference in the evidence of P. W. 1 deposed by him before the court and the incident narrated by him in FIR.In the Merg Ex.P.1 and FIR Ex.P.2, it is mentioned that the deceased and P. W.1 went to the house of the appellant to take back T. V. and V. C. D. Player because the deceased had given 9 aforesaid T. V. and V. C. D. Player to the appellant.Thereafter, the deceased called the appellant and told him to return back T. V. and V. C. D. Player, the deceased told him that he had no money, hence, he had given T. V. and V. C. D. Player in dowry to his sister-in-law and he would return back after receipt of salary and there was vad-vivad "eknj pksn Vh-oh- ns eSaus rsjs dks ns[kus ds fy, fn;k Fkk] ngst nsus ds fy, ugha fn;k Fkk" Both the appellant and the deceased abused filthy language and told that he would take T. V. and V. C. D. Player and in that event both were beating to each other by fists and kicks, in the event of beating both had entered in side of the room and the appellant had taken out Axe and inflicted blow on the head of the deceased.Thereafter, the deceased fell down.It is mentioned by P. W.1 in FIR that I had tried to save the deceased then appellant had inflicted a blow of Axe on my head.Thereafter, I ran away from the spot.In court statement P. W. 1 did not mention the fact that there was scuffle between the appellant and the deceased and both were beating to each other by fists and kicks in that event the appellant had taken out Axe, which was kept in the room and inflicted blow of Axe on the head of the deceased.She further admitted that 10 before incident the deceased and the appellant used to visit houses of each other.We order accordingly."Hon'ble the Apex court in the matter of Arjun Vs.P. W.1 received head injury, which was caused by hard and sharp object.He was admitted in the hospital 15 for seven days.

Cited provisions: Section 304 in The Indian Penal Code; Section 302 in The Indian Penal Code; Section 300 in The Indian Penal Code; Section 307 in The Indian Penal Code; Section 34 in The Indian Penal Code