KALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, being aggrieved by the judgment dtd. 01.12.2007, pronounced by the 2nd Additional Sessions Judge, District Dhar in S.T. No. 183/2007, has preferred this criminal appeal under Sec. 374 of the Cr.P.C. seeking setting aside of judgment of conviction and sentence, whereby appellant has been convicted and sentenced as under:-

(2.) The prosecution story, succinctly speaking, is that on 20.06.2007, while the witness Mohansingh was going towards his house from the field at around 5.45 PM, he saw his brother Jagdish standing on the road in front of flour-mill of Gendalal and was attacked with a stone by the appellant Kalu on his head due to which he fell down. The appellant struck Jagdish 2-3 times again on his head. When Mohansingh came to intervene, appellant and his wife Santoshbai fled from the spot. Jagdish succumbed to his injuries. The incident was seen by witness Galsingh. The witness Mohansingh lodged the FIR in Police Station Dharampuri, District Dhar the same day. FIR (Exhibit-P/1) was recorded by B.K. Chhari (PW5) posted as SHO in police station Dharampuri, district Dhar. He subsequently prepared Naksha Panchayatnama of the dead-body (Exhibit-P/2), collected blood stained stone, blood soaked and ordinary soil from the spot, drew safina form and sent the body for postmortem examination and recorded the statements of witnesses. The witness also sent the seized items and the blood soaked clothes of Jagdish to FSL. The investigation culminated in submission of charge-sheet under Sec. 302 of IPC.

(3.) Learned Trial Court has examined six prosecution witnesses during trial. The defence of the appellant was that false case has been foisted upon him due to land dispute between him and father of witness Galsingh as also with brother of witness Rakesh. The appellant has not led any defence evidence. As already described, learned Trial Court has convicted and sentenced the appellant.