HARENDRA SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) Today, this appeal is listed on I.A. No.8287/2022 application for suspension of sentence filed by the appellant but with the consent of both the parties, this criminal appeal is heard finally on limited grounds.

(2.) The present criminal appeal has been filed by the appellant being aggrieved by the judgment dtd. 3/10/2015 passed by Additional Sessions Judge, Sonkatch District-Dewas in Sessions Trial No.341/2014 whereby the appellant has been convicted under Sec. 302 of the IPC and sentenced to undergo life imprisonment with fine of Rs.5,000.00.

(3.) As per the prosecution story, on 24/9/2014 near about 3 p.m. there was a dispute between appellant and deceased Vishram Singh and they were separated and on the same day when Vishram Singh was managing the cattle in front of his home this appellant came with a stick and started assaulting him on his head. Informant Arvind and Rajendra Bharti intervened and appellant ran away. Vishram Singh was taken to the Sonkatch Hospital where he was reported died. FIR Exhibit-P/1 was lodged at crime no.52/2014 under Sec. 302 of the IPC. Dead body was sent for autopsy and spot map was drawn. The clothes of the deceased were seized containing blood stains. The appellant was arrested on 29/4/2014 and put to trial. He denied the charge and pleaded for trial. The prosecution has examined any many as 9 witnesses and exhibited 22 documents. In defense he did not examined any witnesses but he got exhibited three documents. He came up with a plea of right of defense before the trial court. Vide judgment dtd. 3/10/2015 the court has convicted him under Sec. 302 of the IPC.