SHYAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal from jail, filed by the appellant, being aggrieved from the judgment and sentence dated 25.06.1999, passed by Sessions Judge, Rewa in Sessions Trial No. 202/98 convicting him under Section 302 of IPC and sentencing him to suffer imprisonment for life.

(2.) In nut shell the prosecution case is that Arun Kumar2 Tiwari (PW 1) on 3.9.1998 reported the matter to the police at out post Chowki Samaan District Rewa at 15.40 hrs. that at about 15.15 hrs, at noon, when he was standing in the main road, near agriculture college, Rewa, he saw that on the other side of the road, near betel leaf Gumthi( Paan Ki Dukan) of Kamlesh Kachhi, he saw that Ramzani a resident of Katra Mohalla, Rewa was taking betel leaf (Paan). At that time from Padraha tringle accused Shyamlal Kachhi came there having sword in his hand and he with the intention to kill Ramzani dealt a blow of sword on the neck of Ramzani and when Ramzani fell down he dealt so many blows of sword on the body of Ramzani, then the accused with sword flew away from there. Ramzani died on the spot. The incident has been seen by so many persons. On this report Udayanbhan Sharma (PW 13) registered FIR vide Ex.P/1 u/s 302 of IPC against accused and registered crime No. 329/98. He also registered Merg intimation vide Ex.P/2 on the information of Arun Kumr Tiwari.

(3.) R.L. Gupta (PW 12) sub-inspector, City Kotwali, Rewa for investigating reached at the spot and prepared inquest report vide Ex.P/12 and sent body of Ramzani for post mortem vide Ex.P/18, prepared, spot map Ex.P/3 seized blood stained soil and simple soil of the spot vide Ex.P/19 before the witnesses.3 Accused was arrested on 6.9.1998 by police vide Ex.P/9. He gave information about sword vide Ex.P/7 before the witnesses to police and got it recovered vide Ex.P/8 before the witnesses.