VIJAY INGLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by Judgment and Order of conviction dated 27-8-1992, passed in Sessions Trial No. 192/86, by IIIrd Additional Judge to the Sessions Judge, Gwalior, whereby convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life, the appellant has come up in appeal seeking redress praying for setting aside of the aforesaid conviction passed against him.

(2.) THE prosecution case, in brief, is that on 26-5-1986 at about 9. 30 p. m. , when Ram Pal Singh (P. W. 6) had just come from his shop and was putting off his clothes in the court-yard, and his father was taking meals, at that time deceased Chhannu (Baua) came running inside the house shouting for help. The accused/appellant was following him with knife in his hand. He threw the deceased on the ground and started inflicting injuries with knife. The deceased, however, rose and tried to run away when he was caught again by accused and was thrown on a cot. Accused then mercilessly inflicted knife injuries on both of his shoulders, leg and neck. The accused then leaving the deceased mortally wounded, fled away from the place.

(3.) RAM Singh lodged first information reported (Ex. P-5) at Police Station, Madhoganj and the police agency arrived on the spot and prepared Panchanama of the dead-body (Ex. P-2 ). The dead-body was referred to for post-mortem and Doctor Vijay Kumar Diwan (P. W. 5) who conducted autopsy found the following injuries vide Ex. P-4 on the body of the deceased :--