RAMLAL YADAV Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 10 th August, 2002 passed by Sessions Judge, Chhatarpur in Sessions Trial No.144/2001 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to rigorous imprisonment for life with fine of Rs.2000/-. In default of payment of fine additional rigorous imprisonment for one year.

(2.) In short, the prosecution case is that on 19.5.2001, complainant Mulayam Singh lodged report that at about 10:00 a.m., when he was going towards his house, he saw Gajraj Singh going towards the embankment of the tank and accused Ramlal coming from the side of Panchayat Bhawan. When Ramlal reached near Gajraj, he dealt lathi blows on his head. Gajraj Singh shouted and fell down. When he rushed and reached near Gajraj Singh, accused ran away. Blood was oozing out from the head of Gajraj Singh and he had died. Because Gajraj Singh and his brother Jodhan had beaten accused about 15 days back, he assaulted him. Mulayam Singh went to police station, Satai and lodged first information report Ex.P/10 at 11:10 a.m. Head Constable Ramswarup Chaturvedi (PW-9) recorded first information report. Sub Inspector M.K.Singh (PW-10), Station Officer of police station, Satai went to village where the incident had occurred and conducted inquest proceeding in presence of witnesses. After inspecting the dead body he drew inquest memorandum Ex.P/5 and spot map Ex.P/6. He seized blood stained and plain earth and a bamboo stick from the place of occurrence. He sent the dead body of Gajraj Singh for postmortem examination to Primary Health Centre, Satai.

(3.) Dr. Shyamveer Singh (PW-7) conducted postmortem examination and found injuries including fractures in the skull of deceased. In his opinion, Gajraj Singh died due to injuries caused in his head and the resultant excessive haemorrhage and coma. He gave his postmortem examination report Ex.P/9.