RAM SINGH ALIAS RAMU Vs. STATE

JUDGEMENT

(1.) Convicted accused Ram Singh alias Ramu has preferred this appeal against the judgment and sentence dated 3/04/1992 passed by Sessions Judge, Seoni in Sessions Trial No. 129/91 convicting the appellant for the offence punishable under Section 302 IPC.

(2.) Facts shorn of unnecessary details lie in a narrow compass, in brief the case of prosecution is that in the village of Dangitola (Peeparwani) there is a field of Chittor Singh, near this field, at 12 in the noon the appellant Ram Singh alias Ramu was beating the deceased by lathi, at that time, Chittor Singh arrived there for warding off his cows, upon seeing that appellant is bearing the deceased Chandulal, he asked not to beat and also tried to intervene, whereupon appellant pushed Chittor Singh and also gave threat to kill. The appellant gave repeated blows of lathi to Chandulal till he fell down. Chittor Singh informed the incident to PW 1 Khuman Singh and his mother rushed to the spot and Chittor Singh came thereafter. After some time, the inhabitants of village also arrived on the spot, they found umpteen injuries on the body of Chandulal who was found to be dead PW -1 Khuman Singh lodged First Information Report at Police Station Kurai narrating the incident seen by Chittor Singh. During the investigation, a lathi by which the deceased was beaten was recovered at the instance of accused and which was seized vide Ex. P-5.

(3.) The dead body of Chandulal was sent for Postmortem and PW-7 Dr. SS. Nafde conducted the postmortem. The postmortem report is Ex. P-7 in which the doctor found multiple fractures of third, fourth, fifth sixth and seventh rib and many other external injuries as mentioned in the report. The doctor further noticed that whole back of deceased was blackish red.