THAKURDEEN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is preferred against the judgment dated 9-2- 1990 delivered by the Additional Sessions Judge, Umaria in Sessions Trial No. 94 of 1988 against the conviction and sentence of the appellant for imprisonment for life and for 7 years under sections 302 and 307 of the Indian Penal Code respectively and also for rigorous imprisonment for six months under section 323 of the Indian Penal Code, the Sentences to run concurrently.

(2.) THE prosecution case is that on 14-6-1988 at about 7.30 p.m. at village Bholgarh when Rampratap (P.W.2) and deceased Maru went to the house of appellant Thakurdeen to chat with his brother then suddenly the appellant started hitting deceased Maru with the stick. The wife of the appellant Thakurdeen made the cry that her husband was beating the deceased Maru. Phoolsingh (P.W. 1) and others reached there and saw that Rampratap, (P.W.2) was requesting the appellant not to beat Maru. That thereafter the appellant inflicted lathi blow on the head of Rampratap (P.W.2). That when Phoolsingh (P.W. 1) intervened to save Rampratap (P.W.2), the appellant also gave a stick blow to Phoolsingh (P.W.1). That immediately after the incident Maru succumbed to the injuries.

(3.) INVESTIGATING Officer Mangleshwar Singh (P.W.13) took the recovery statement (Ex.P13) of the appellant on 15-6-1988 and one blood stained stick was recovered from the house of the appellant vide Ex.P.14. The Investigating Officer after preparing the spot map and after usual investigation filed the charge sheet against the appellant under sections 302, 307 and 323 of the Indian Penal Code.