MUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and order of sentence passed by Second Additional Sessions Judge, Chhindwara in S.T. No.62/02, decided on 31.01.2004.

(2.) Appellant has been convicted under Section 302 of IPC and sentenced to imprisonment for life with fine of Rs.1000/-, in default further rigorous imprisonment for three months by the impugned judgment.

(3.) According to prosecution, on 2.2.2002 complainant Sunki Bai and her husband Hanslal (deceased) had visited the place of their relative Tarelal at village Sindrai. When about 8 'O'clock at night complainant Sunki Bai, her husband Hanslal and Tarelal were sitting in the courtyard warming themselves from the fire, appellant Munna, the younger brother of Tarelal came with an axe in his hand and without uttering a word, assaulted Hanslal on his head and neck by blunt side of the axe and fled away. As a result of assault and injuries, Hanslal fell down, he was taken inside the house and made to lie down but he got unconscious at about 4 '0'clock in the morning. Patel and Kotwar of the village were then informed and bullock cart was arranged for taking the injured to the Police Station, but he succumbed to his injuries on way to Police Station. The FIR of the incident was lodged by Sunki Bai, the wife of the deceased at P.S. Umreth, on the basis of which an offence was registered against the appellant and was investigated. Merg intimation was also recorded and merg inquest report was prepared. The dead body of deceased Hanslal was sent for postmortem examination. Blood stained earth and plain earth were seized from the spot. The spot map was also drawn. During investigation, the axe used in the commission of offence was seized at the instance of the appellant. The seized articles were sent for forensic examination. After due investigation, appellant was prosecuted under Section 302 of IPC and was put to trial.