VISHAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 28-12-2001 passed in S.T. No. 136/2000 by Ilnd Additional Sessions Judge, Raisen convicting the accused/appellant under Section 302 of Indian Penal Code for committing murder of Pappu (deceased) aged 1-1/2 years by axe blows and sentencing him with life imprisonment and fine of Rs. 500/- in default with one month Rigorous Imprisonment.

(2.) Facts in short, are that on 5-5-2000 at about 5 p.m. Daulat Singh (P.W. 1) R/o Village Bhimpur reached in adjoining Village Shankargarh, at residence of Babulal (P.W. 7) for taking medicine for his ailing son. While he was waiting for him in his house, appellant having armed with Farsa along with three acquitted co-accused persons came, abused and assaulted Daulat Singh. Chasing Daulat (P.W. 1), appellant reached inside the room and hit him but it hit at wall and farsa got broken.

(3.) Hearing uproar, Shakun Bai (P.W. 2) along with Pappu (since deceased) in her lap reached there. By the time appellant could pick up axe lying there, Daulat (P.W. 1) ran out of the house. On seeing Shakun Bai (P.W. 2) there, the acquitted co-accused persons told appellant to hit her. Appellant dealt with an axe blow on Shakun Bai (P.W. 2) but in place of Shakun Bai it hit on the neck of Pappu. Appellant dealt another blow which hit on his head. Pappu died an instantaneous death. Daulat Singh (P.W. 1), Shakun Bai (P.W. 2) and Lalchand (P.W. 3), son of Shakun Bai also sustained injuries in the incident. Leaving Pappu on the spot, they ran away.