AJAB SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 questioning the legality, validity and propriety of the judgment dtd. 14/8/2013 passed by learned Additional Sessions Judge, Amarwada, District-Chhindwara in Session Case No. 341/2012, whereby the Court below held the appellant as guilty for committing offence under Sec. 302 of IPC and directed him to undergo sentence of Life imprisonment with fine of Rs.10,000.00 with default stipulation.

(2.) The relevant facts are in narrow compass. As per the prosecution story, on 26/9/2012, the deceased Kamal Lal with his wife Dhanwati went to attend a program relating to worship of Ganesh Ji in the village. Deceased along with his wife came back to his house. Kamal Lal had chosen to sleep in the courtyard of the house whereas Dhanwati decided to sleep in a room of the said house. At around 3:00 AM, the appellant has allegedly assaulted Kamal Lal by means of an axe. Dhanwati upon hearing the cry of her husband found that appellant is standing beside the bed of her husband with an axe in his hand. She out of fear became unconscious and fell down. In the morning at around 7:00 AM, her brother-in-law Ashadu (PW-1) reached the place of incident and then she gained consciousness. Along with Ashadu and other villagers, they approached the Police Station on 27/9/2012 at around 12:15 and lodged the report.

(3.) On the basis of said report, the investigation commenced. During the investigation certain recoveries were made. The postmortem of deceased was conducted. After completion of the investigation, challan was filed and the matter travelled to Sessions Court in due course. The appellant abjured the guilt and prayed for full fledged trial.