HARI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374 of Code of Criminal Procedure, against the judgment of conviction and order of sentence dated 29/06/1999 passed by Additional Sessions Judge, Sabalgarh, District Morena (MP) in Sessions Trial No.09/1997, whereby appellant has been convicted under Section 302 of IPC and sentenced to suffer imprisonment for life and he has further been convicted under Section 325 of IPC and sentenced to suffer three years rigorous imprisonment. Both the sentences are directed to run concurrently.

(2.) The prosecution story, in brief, is that on 07-11-1996 Tarachand (PW2) and deceased Jagdish were cultivating their land. Jaswant (PW3) was grazing his buffaloes over one portion of the land. There were some shells of groundnuts lying there. At that time, appellant Hari Singh along with his family members were taking out groundnuts. After some time, accused Ramjilal and Laxman Prasad came on the spot in a bullock cart. Accused Tarachand put the shells of groundnuts on fire. On this, there was a quarrel between the parties. Accused Ramjilal abused. At that time, appellant-accused Hari Singh took out a wooden log from the bullock cart and inflicted injury over the head of Jagdish as a result of which Jagdish fell down on the ground. Accused Laxman Prasad and Ramjilal caught hold of Tarachand (PW2). Appellant-accused Hari Singh inflicted injuries over the head of Tarachand (PW2). It is further alleged that appellantaccused also inflicted three-four injuries over the head of deceased Jagdish by wooden log of the bullock cart. Thereafter, all the accused persons ran away from the spot.

(3.) The report of the incident was lodged at police station Gaswani. After completion of investigation and other formalities by the police, charge-sheet was filed against all the three accused persons before the competent Court, from where the case was committed to the Sessions Court for trial.