LAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order passed by the Madhya Pradesh High Court dismissing the appeal of the appellant and maintaining the sentence of imprisonment for life under302 IPC as awarded by the First Additional Sessions Judge, Alirajpur in Sessions Trial No. 381/95.

(2.) The prosecution sry in that on 11.2.1994 some time in the morning the deceased Magan, a boy aged 19 years went the house of Lal Singh and started climbing upon his Tadi tree. Lal Singh accosted him abusively asking him as why he had climbed upon Tadi tree. Magan got down and went the house of Lal Singh where Lal Singh pressed his neck and was tying rope around the neck of Magan when the PW-1 Gauri arrived who raised alarm saying that Lal Singh had killed her brother. She lodged a report at Police Post, Umrali, Police Station Somdawa. The police completed the investigation and submitted the charge-sheet. The rope was also recovered from the house of Lal Singh during the course of investigation by the police. The post mortem examination on the dead body was also conducted by PW-5 Dr. Jai Prakash Joshi.

(3.) In support of the prosecution case two eye witnesses namely, Gauri, the sister of the deceased and her brother PW-2 Jagla were examined. PW-3 Kemtiya @ Kemta was examined prove the factum of death of Magan but he turned hostile. PW-4 Moti Ram Kher is the investigation officer and PW-5 is Dr. Jai Prakash Joshi who had conducted the post mortem examination. PW-6 B.S. Kadam is the other Investigation Officer and PW-7 Rakesh Kumar Misra is the Head Constable who had registered the case. The appellant also examined two defence witnesses.