HALKAN YADAV Vs. STATE OF MADHYA PRDESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 29-12-1994, passed by learned III Additional Sessions Judge, Chhatarpur in Sessions Trial No. 160/92, convicting the appellant under Section 302 of IPC and sentencing him to suffer rigorous imprisonment of life, this appeal has been preferred by appellant under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that complainant Bhola lodged first information report on 7-8-1992 in the concerning police station mentioning therein that in the morning of Friday, he along with his younger brother Kashi Prasad (hereinafter referred to-as the 'deceased') went to graze the catties. In the field where their catties were grazing, Hakim Lodhi and Govind Lodhi were also grazing the catties. At that juncture, at 9:00 a.m., appellant carrying with an axe arrived there and dealt its blows on the person of the deceased. On account of fear. Hakim Lodhi and Govind Lodhi flee away from the place of occurrence. On seeing the incident, Bhola (author of the FIR) scolded and rushed to save his younger brother Kashi Prasad, the deceased. At that juncture, the other accused persons namely Dhaniram @ Sibban, Janki and Udal told appellant Halkan that the deceased may not be escaped. On account of causing of injuries by axe, the deceased fell down and died. Thereafter, all the accused persons ran away from the spot.

(3.) It is the further case of prosecution that Govind Lodhi thereafter went and narrated the incident to Pyare and Kalua Ahir and they also arrived at the spot. The other inhabitants of the village also arrived at the place of occurrence. The deceased was uplifted by the village people and was kept on a Cot and was brought to the police station where a FIR was lodged by Bhola (PW-2). who is the elder brother of the deceased.