HALKU Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 12.11.2003, passed by I Additional Sessions Judge, Chhatarpur, in Sessions Trial No. 123/2003, convicting him under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 5000/-.

(2.) In nutshell, the prosecution case is that in the night of 23.03.2003, at about 9.00 O'clock, deceased Shivnath, after taking meals, went to sleep in the outer verandah of his house. In the night, his son Mulchandra had gone to keep vigil on the field and his wife, daughter-in-law and children were at home. In the morning, when inmates of the house got up, they saw Shivnath lying dead on the cot. There were number of injuries on his neck and face by some sharp edged weapon. In the morning of 24.03.2003 Mulchandra went to Police Station, Loudi and lodged a report. Marg No. 11/2003 was registered. During investigation, it was revealed that Appellant committed murder of Shivnath by an iron Bakhar (a kind of plough having a wide share). On the information furnished by Appellant, said Bakhar was recovered and seized from the garbage lying behind the house of Appellant.

(3.) Dead body of Shivnath was sent for postmortem examination to Primary Health Centre, Loudi, where Dr. S.S. Chourasiya (PW-12) conducted the autopsy and found 5 incised injuries on the nose, mandible, chin and neck of the deceased. Postmortem report is Ex. P/14. After investigation, charge sheet was filed and the case was committed for trial.