LAKHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS Lakhan Singh and Kishore Singh have been convicted under Section 304, Part II, read with Section 34, IPC and each of them has been sentenced to rigorous imprisonment for seven years and a fine of Rs. 500/ -.

(2.) DURING the course of the hearing of this appeal, it has been pointed out that appellant Lakhan Singh has served out the sentence imposed upon him by the Trial Court and, therefore, his appeal has not been pressed. Even so, the evidence on record has been scanned by this Court. So far appellant Lakhan Singh is concerned, his conviction under Section 304, Part II, IPC is well founded. Subedar Singh (P.W. 11) is father of deceased Putai Singh. He is the only eye -witness who has supported the prosecution case. Subedar Singh (P.W. 11) is husband of the sister of the accused persons. The incident took place on 15 -7 -1992 in Village Madaiya. According to Subedar Singh (P.W. 11), accused Lakhan Singh dealt a knife blow on the abdomen of Putai Singh which was a serious injury and proved fatal. The evidence of three doctors and the post -mortem report clearly establish that Putai Singh died on account of the stab injury on his abdomen. The omentum had come out. Putai Singh died as a result of this injury.

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