MALKHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and findings recorded by the learned IIIrd Additional Sessions Judge, Sagar in Sessions Trial No. 245 of 1987, whereby the accused/appellant has been convicted under Section 302 of the IPC and sentenced to undergo life imprisonment.

(2.) SUCCINCTLY narrated, the prosecution case is that the appellant Malkhan Singh and acquitted accused Abhay Singh are the real brothers. Both these brothers were having enmity with the deceased Motilal. On the date of incident i. e. , on 13-5-87 deceased Motilal left his home to purchase kerosene for his shop from Gorjhamar. He had with him an empty tin and a bag. When Motilal did not return till the evening, his son Ashok Kumar alias Munna (P. W. 14) became anxious. He deputed his younger brother Pradeep to find out the whereabouts of his father. Pradeep was sent to Gorjhamar. Pradeep returned with an information that Motilal did not reach Gorjhamar. Thereon Ashok Kumar alongwith Ambika Mishra, Kashiram and Pradeep went towards Gorjhamar in search of Motilal. They found the dead body of Motilal near a water channel (Nala) in a pool of blood. His neck was chopped from the trunk. There were injuries in the fingers of his right hand also. Near the dead body a cap, an empty bag, an empty tin kept in a bag which were the belongings of the deceased were lying. The head of the deceased was found at a short distance from the trunk.

(3.) ACCORDING to prosecution version ten minutes after departure of Motilal for Gaurjhamar accused persons were seen going towards Gaurjhamar armed with an axe. Immediately, after the incident accused Malkhan was seen by Narendra Kumar (P. W. 15) with a blood stained axe. At that time the clothes which the appellant wore, were seen soaked with blood. He was going towards the well of Dharmu Prajapati. FIR of the incident was lodged by Ashok Kumar (P. W. 14) at P. S. Gaurjhamar on the date of incident itself.