SUKHLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall dispose of the aforesaid criminal appeal which arises out of the judgment dated 30 -8 -2005 passed by learned Additional Sessions Judge, Sendhwa in S.T. No. 158/2004 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs. 250/ - and in default of payment of fine to further undergo one month additional RI.

(2.) BRIEFLY stating the facts of the case are that on 23 -4 -2004 complainant -Gyansingh lodged a report at Police Station, Sendhwa that on 22 -4 -2004 at about 9.30 p.m., there was a marriage in the house of Jagdish where his brother Shankar and family members were also present. Sukhlal also came to attend the marriage. Near about 15 months before Sukhlal committed rape on the daughter of Shankar which matter was settled in the Panchayat. While Sukhlal was dancing, Shankar hit him on the head with a torch. In turn, Sukhlal also gave Gupti blow on the chest of Shankar due to which he fell on the ground. One Dursingh took him to Sendhwa Hospital where doctor declared him dead. On the basis of the report, police registered the offence and body was sent for post -mortem. FIR in this case was registered as Crime No. 104/2004 at the instance of Gyansingh, who has appeared as P.W. 4. In his statement Shri Gyansingh deposed as under : - <IMG>JUDGEMENT_438_MPHT4_2013.jpg</IMG> <IMG>JUDGEMENT_438_MPHT4_20131.jpg</IMG>

(3.) THE prosecution examined as many as 11 witnesses namely Dursingh s/o Gatu (P.W. 1), Ikalya (P.W. 2), Jagdish (P.W. 3), Gyansingh (P.W. 4), Dursingh s/o Reechha (P.W. 5), Ranglibai (P.W. 6), Jaimal (P.W. 7), Roomsingh (P.W. 8), Chamariya (P.W. 9), M.C. Verma (P.W. 10) and Anil Singh (P.W. 11), out of whom Dursingh (P.W. 1), Gyansingh (P.W. 4), Ranglibai (P.W. 6) and Roomsingh (P.W. 8) are the eye -witnesses.