BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant - accused has filed the appeal against the judgment and order dated 9-11-1995 delivered in Sessions Trial No. 164/1992 by learned Second Additional Sessions Judge, Dewas, of his conviction and sentence under Section 302 and 323 of IPC respectively for the imprisonment of life and rigorous imprisonment for one year.

(2.) The prosecution case is that on 15-7-1992 in the evening at 6.00 p.m. at Bherugarh Dewas accused Babulal caught deceased Chhotelal and hit the knife blow on his head, cheek and the right leg. In the meantime the accused brought an iron rod and inflicted repeated blow on the head of Chhotelal. That on the same day at about 1.00 p.m. in the afternoon Chhotelal has asked the Dinesh not to ease near his house and the quarrel has taken place in between accused Babulal and Chhotelal. That on account of the incident in the afternoon the accused has caused the injuries to the deceased by knife and iron rod, Laxmibai (PW-1), Sunil (PW-2), Dalchand (PW-3), Rajaram (PW-4), Ramesh (PW-9) and Narayan (PW-13) were the eye-witnesses of the incident. The FIR Ex. P/1 was lodged by Laxmibai (PW-1) in Police Station Dewas and Chhotela! was taken to the Civil Hospital, Dewas from where he was shifted to M. Y. Hospital, Indore. That. Chhotelal succumbed to the injuries after 8 days of the incident. In the autopsy Dr. Surendra Dube (PW-18) has found 8 injuries on his body and 3 fractures on the skull which has resulted in his death. Ex. P/18 is the post mortem report.

(3.) Investigating Officer R. S. Tomar (PW- 15) prepared the spot map Ex. P/2 and on the basis of the statement under Section 27 of the Evidence Act, an iron rod was recovered from the possession of the accused. After the usual investigation, the charge-sheet was filed against the accused persons under Section 302/34 of the IPC.