MANGNA @ MAHENDRA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 11.11.2005 passed by IV Additional Sessions Judge, Sagar in Sessions Trial No.57/2003 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.100/. In default of payment of fine, further rigorous imprisonment for one year.

(2.) In short, the prosecution case is that on 12.7.2002 in village Chapri near the well of Choudhary, there had been a Daal-bati feast. Along with other persons of village, Babulal (PW-1) and his son Sukhdev had also participated in the feast. In the evening at about 6:00 p.m. when they were going back, they happened to pass from front of the tea shop of accused Devi Singh. Sukhdev (PW-2) stopped at the shop of Devi Singh and admonished him for not intimating the sale of haystack by Narad Singh. Devi Singh getting annoyed, abused him and told that he was not anybody's servant. When Babulal (PW-1) intervened and asked Devi Singh not to abuse, there occurred a hot altercation. Hearing commotion, Babulal's son Charli @ Rajendra Singh reached there and asked Sukhdev to go from there. In the meanwhile, Devi Singh raised a call hearing which four other accused persons viz. Kalyan, Narayan Singh, Dharmendra and Arvind also reached there armed with Katarna, tabbal, sword and lathi. Devi Singh picked up Katarna from a shop and dealt its blow on the head of Charli. Appellant shouting that he will deal with him, dealt one blow of tabbal on the neck of Charli which hit him in the left side of neck under the left ear. Blood oozed out and Charli fell on the ground. Indraj Singh (PW-3), Ramgopal (PW-4), Meghraj @ Paltu (PW-5) and Veer Singh (PW-6) reached there and intervened whereupon accused persons ran away. In the tractor of Indraj, Charli Singh was taken to district hospital, Sagar where in the night at about 2:05 o'clock he died. Babulal (PW-1) after leaving the dead body in Sagar hospital, went to police station Banda and lodged first information report Ex.P/1 on 13.7.2002 at 10:20 a.m.

(3.) The intimation about the death of Charli was sent by Dr.R.K.Dixit (PW-9) to police station, Gopalganj whereupon marg intimation Ex.P/39 was recorded. Dead body of Charli was referred for postmortem examination. Dr.Ganesh Prasad Nema (PW-8) of district hospital, Sagar conducted postmortem and found one stitched injury on the neck of deceased vide his report Ex.P/31. 4. During investigation, accused were arrested and weapons were seized on their