(1.) APPELLANT Kishan, the sole accused person in this case, has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life by IInd Additional Sessions Judge to the Court of Sessions Judge, Chhindwara, vide impugned judgment dated 23-2-89 for causing the murder of Patiram, the deceased in the case. He has also been convicted under Section 307 of the Indian Penal Code and sentenced to undergo seven years rigorous imprisonment for attempting to commit the murder of Sukhchand (P. W. 4 ). Both the sentences are to run concurrently. Appellant has been found guilty of causing fatal injuries on the person of deceased Patiram and causing grievous injuries to Sukhchand (P. W. 4) by means of a "lathi" at about 9. 00 a. m. on 21-4-87 at Dewardha Nala.
(2.) BRIEFLY stated the facts giving rise to this appeal are as under :-- The appellant used to sell illicit liquor from his house. On 21-4-87 Sukhchand (P. W. 4) and Patiram, while returning after attending weekly market, went to the house of appellant and consumed liquor. Therefore, while both of them were proceeding towards their hutment, the appellant on way at Dewardha Nala mercilessly assaulted them by means of a "lathi" on the pretext that they had not paid him the full price of the liquor consumed. Patiram succumbed to his injuries on the spot whereas Sukhchand (P. W. 4) became unconscious. The incident was witnessed by Seram (P. W. 2) and Ram Prasad (P. W. 11) to whom the appellant had threatened with dire consequences if they dared to disclose about the incident. He, however, on their asking, disclosed that he had assaulted Patiram and Sukhchand (P. W. 4) as they had not paid him the price of liquor. The appellant also made an extra-judicial confession about assault on them before Mchtar (P. W. 7 ). On the information given by Madhukar (P. W. 12) at the Police Chowki, Umra Nala, of Mohkedh Police Station, District Chhindwara, Head Constable, Lakhanlal (P. W. 16) recorded Marg intimation, Ex. P-19, on 22-4-87. Head Constable, Lakhanlal (P. W. 16) prepared a Dehati Nalishi, Ex. P-22, and thereafter recorded the First Information Report, Ex. P-26, against the appellant.
(3.) DURING investigation, Head Constable, Lakhanlal (P. W. 16), prepared a Panchayatnama, Ex. P-21, of the body of Patiram and thereafter sent the body for post mortem vide Ex. P-23, He, vide Ex. P-9, also requested for the medical examination and preparation of injury report of Sukhchand (P. W. 4 ). Head Constable, Lakhanlal (P. W. 16) recorded the discovery statement, Ex. P-1, of the appellant on 22-4-87 and allegedly seized a "lathi" vide Ex. P-2 at his instance which was hidden in his house. Head Constable, Lakhanlal (P. W. 16) also seized a blood stained "chaddi" from the appellant vide Ex. P-5 on 22-4-87 which he was wearing. The aforesaid seized "lathi" and "chaddi" were sent to Forensic Science Laboratory, Sagar, The report of the Assistant Chemical Examiner, Ex. P-21, confirms the presence of blood on the same.