UDAI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 16-11-2005 passed by VIIth Additional Sessions Judge (Fast Track), Gohad, Distt. Bhind in Sessions Trial No. 115/2004 by which the appellant-accused has been convicted under Section 302 of I.P.C. and has been sentenced to undergo Life Imprisonment and a fine of Rs. 100/- with default imprisonment of 1 month R.I.

(2.) The prosecution story in short is that on 17-3-2004, the S.H.O., Barohi, received a wireless message that one person in village Lavan has gone lunatic and has assaulted three persons by Spear and is roaming around. Accordingly, S.H.O., went to village Lavan. The injured Lakhmi Singh (deceased) was taken to District Hospital, Bhind. The appellant-accused was arrested by the police in a nearby field. One broken weapon like Spear was seized from the possession of the appellant-accused. Spot Map was prepared. Dehati Nalishi was lodged by Mool Singh in Distt. Hospital Bhind, to the effect that at about 13:00, he was in his house. He heard the noise, that the appellant-accused has assaulted Dinesh by Spear and is searching for the complainant, therefore, he ran away from his house and saw that the appellant-accused gave a Spear blow to Dinesh. Thereafter, he went running and caused injury to Lakhmi Singh. Thereafter he assaulted Dinesh on his head and leg. As the appellant-accused was looking for other members of the family, therefore, the complainant ran away. At that time the police also reached there. The injured Lakhmi was taken to hospital with the assistance of police. Dinesh and Deepak were taken to hospital by the other villagers. The police went in search of appellant-accused. However, Lakhmi Singh expired on the way. On a dispute on the question of drain, the appellant-accused has committed the offence.

(3.) The statements of the witnesses were recorded. The seized Spear was sent for F.S.L. report. After completing the investigation, the police filed charge sheet for offence under Sections 302,307 of I.P.C.