ANAND SINGH Vs. STATE OF MP

JUDGEMENT

(1.) THIS appeal is directed by the accused against the judgment and order dated 30.12.1991 passed by Fifth Additional Sessions Judge, Dhar, in S.T. No. 277/91 whereby the appellant has been convicted u/s 304 Part II, IPC and sentenced to four years R.I.

(2.) PROSECUTION case, in brief, is that on the date of incident i.e. on 3.8.1991 at about 4 p.m. in village Sikarpur the appellant Anand Singh was making fence encircling a mango tree which belonged to the deceased Suresh. The deceased protested and asked the appellant not to cover the mango tree into the fencing.

(3.) SHRI Qyamuddin L/c for the Appellant argued that the learned Trial Judge committed error in putting reliance on the solitary evidence of Mehtab Singh (PW 2). He invited by attention at para 7 of the statement of this witness and contended that the witness admitted that he saw the incident from a distance of 1/2 K.M. and it was not possible for the witness to see the incident from such a long distance. He submitted that offence u/s 304 Part II IPC is not made out, He contended that at the most offence u/s 325 IPC could be made out. On the other hand Shri A. Upadhyaya, learned Panel Lawyer supported the impugned judgment.