FAGNU Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 29.11.2001 passed by Additional Sessions Judge, Multai District Betul in Sessions Trial No. 80/2000 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 1000/-. In default of payment of fine further rigorous imprisonment for one year. Facts of the case are that Sopat, the deceased was the uncle of appellant/accused Fagnu. Agricultural lands of deceased and accused were situated adjacent in village Muariya, however, the well and motor-pump installed on it were common. Accused claimed that since his land was more than deceased, and the well was situated on his land, he would take more water. On this dispute, there occurred frequent quarrels and accused hurled abuses to deceased. Because of this dispute, in the intervening night between 19th-20th of January, 2000 at about 12 o'clock, when deceased came out of his house to urinate, accused assaulted him with axe. He dealt many blows with it as a result of which deceased died at the spot. Complainant Tillu (PW-2), the son of deceased, when heard screams of his mother Chikko Bai (PW-3), rushed to the spot and saw accused running away with axe in his hand. He saw his father lying injured in a pool of blood. Many people reached at the spot. Tillu (PW-2) went to police station Bordehi and lodged first information report Ex. P/4 at 11:40 a.m. Sub Inspector K.P.S.Chauhan (PW-17) went at the spot and conducted inquest proceedings. He prepared inquest memorandum Ex. P/2, spot map and sent the dead body of Sopat for postmortem examination to Primary Health Centre, Amla.

(2.) Dr. D. Singh conducted postmortem examination of the body and gave report Ex. P/11. Since Dr. Singh died after retirement, the said report was proved by Dr. B.P. Chouriya (PW-18), Block Medical Officer of P.H.C., Amla. As per postmortem report, number of incised wounds were found on the neck and left forearm of deceased. Deceased had died due to shock resulting from excessive haemorrhage. After requisite investigation, charge sheet was filed and case was committed for trial.

(3.) On charge under section 302 I.P.C. being framed, accused abjured his guilt and pleaded false implication due to enmity. He also examined Ram Kishore (DW-1) and Sonu (DW-2) in his defence.