KAMLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 5.2.2001 passed by the learned Sessions Judge, Damoh in S.T. No. 52/2000, whereby he has been convicted for offence punishable under Section 302 of IPC and sentenced to life imprisonment with fine of Rs. 2,000/ -. In default of payment of fine, 6 months rigorous imprisonment.

(2.) THE prosecution's case, in short, is that, the appellant Kamlu @ Kamlesh had some dispute with Arti Bai (P.W.3), wife of Malkhan Singh, a quarrel took place between them in the past and in that quarrel, the deceased Narayan Singh intervened and therefore, the appellant felt some enmity with the deceased Narayan Singh. On 11.1.2000, the deceased Narayan Singh alongwith his brother Hargovind went to see his crops of wheat in the field situated at village Sagoni Kalan (Police Station Tejgarh, District Damoh). At about 8 p.m., Hargovind came back to his house but, the deceased Narayan Singh stayed in the field for the entire night. At about 9 p.m., the deceased Narayan Singh left the field to go to his house. Near a trivia in the village, the appellant met the deceased Narayan Singh and started assaulting him with a lathi (stick). On hearing his outcry, Hargovind, Hari Singh etc. rushed to the spot. Since the incident took place near the house of Arti Bai, therefore, Sultan Singh, Inder Singh and Arti Bai also went immediately to the spot. The appellant assaulted the deceased Narayan Singh on his head 4 -5 times with his lathi. The deceased Narayan Singh therefore fell down on the ground and expired. Thereafter, Sunderlal Vishwakarma, father of the appellant and brother of the appellant, came to the spot alongwith other companions and took the appellant to their house. Due to aforesaid assault, various bones in the head of the deceased were broken and pieces of such bones, scattered on the spot. On 12.1.2000, at about 2 a.m., Hargovind Singh went to outpost Imaliya of Police Station Tejgarh and intimated about the incident and the case was registered. The dead body of the deceased Narayan Singh was sent for post -morten to District Hospital Damoh, where Dr. S.K. Khatri (P.W.7) had performed the post -mortem on the body of the deceased and gave his report, Ex.P/8. He found six injuries to him caused by hard and blunt object most of them were on the head of the deceased and on opening various wounds he found that there were so many fractures in his head, pieces of bones from left parieto occipital region were missing. Also there was a fracture on right parietal and temporal region. He preserved the viscera of the deceased alongwith pieces of bones and handed over to the concerned constable after sealing them for forensic science analysis. The police also recovered clothings of the appellant and all such articles were sent for forensic science analysis. In report, Ex.P/4, given by Forensic Science Laboratory, some blood was found on pant of the appellant Kamlesh and in report, Ex.P/22 given by serologist, it was found that human blood of Group 'B' was present on the pant of the appellant, which was the same as found on the Baniyan of the deceased. After due investigation, a charge -sheet was filed before the JMFC, Damoh, who committed the case to the Court of Sessions.

(3.) AFTER considering the prosecution's evidence, the learned Sessions Judge, convicted and sentenced the appellant as mentioned above.