GOKUL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life vide judgment dated 30-5-1995 passed by learned IV Additional Sessions Judge, Dhar, M. P. in Sessions Trial No. 88/95.

(2.) FACTS not disputed are that Bheru Singh (P. W. 1) is the elder brother, Ram Kunwarbai (P. W. 2) is the sister and Kumari Kalpna (P. W. 3) is the daughter of the deceased Narayan Singh. Appellant Gokul Singh resides in the neighbourhood of the Bherusingh (P. W. 1) at Village Sihodakhurd, P. S. Kanvan, District Dhar (M. P. ).

(3.) (a ). Briefly stated the case of prosecution is that on 8-11-1994 at about ten O'clock in the night, Bheru Singh (P. W. 1) was at his house when the appellant came there and abused him and the deceased, and challenged them to come out. Bherusingh (P. W. 1) tried to pacify him and he took him to his house but the appellant came again and threaten that he will kill Narayan Singh. Bheru Singh (P. W. 1) again took him to his house and closed the door from outside. After a shortwhile, the appellant came out with knife and he struck deceased Narayan Singh who was sitting outside his house, with the knife at his chest. 3 (b ). The blow of the knife caused the injury on the chest of the deceased and blood came out from the injury. Bheru Singh (P. W. 1) with the help of villagers took Narayan Singh to hospital but he succumbed to his injury on the way even before reaching the hospital. Bheru Singh (P. W. 1) then went to Police Station, Kanwan and made First Information Report (Ex. P-1) there. The police sent the dead body of Narayan Singh to Hospital where Dr. R. K. Jain (P. W. 5) conducted the autopsy on the dead body and wrote post mortem report (Ex. P-9 ). 3 (c ). The spot map (Ex. P-4) was prepared by the police during investigation and a bed sheet of the appellant which he had wrapped round his body at the time of incident was seized vide seizure memo (Ex. P-5 ). After due investigation the police submitted the final report and the appellant was put to trial