LAXMAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 19-7-1996 passed by learned Additional Sessions Judge, Sihora, District Jabalpur in Sessions Trial No. 927/93, convicting the appellant under Section 302, IPC and sentencing him to suffer rigorous imprisonment for life and fine of Rs. 500/-, in default of payment of fine, further rigorous imprisonment of two months, the appellant has knocked the door of this Court by preferring this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that on 13-7-1993 at 11. 00 a. m. Rajendra Prasad Dubey (hereinafter referred to as 'the deceased') who was also a physician went to see some patient at Shivrajpur on a bicycle and when he was returning back at 1. 00 p. m. along with the appellant at that juncture Vijay Kumar with his labourer Purushottam was planting bushes. When the deceased and appellant reached nearby the field of the deceased at that juncture deceased -made demand from appellant for repayment of loan amount of Rs. 1700/- which was outstanding against the deceased. The appellant told that he will repay the loan amount at that juncture cattle entered in the field of deceased as a result of which the deceased directed his brother Vijay Kumar to ward off the cattle. Thereafter Vijay Kumar started warding off cattle and his labourer Purushottam again started planting bushes. At that juncture appellant picked-up an axe and started giving its blows on the person of the deceased. On seeing the incident, Purushottam raised alarm and called Vijay Kumar who saw that appellant was causing injuries by axe to the deceased who on receiving the injuries fell down.

(3.) IT is further case of prosecution that Vijay Kumar and Purushottam both rushed towards the spot to rescue the deceased, but the appellant gave threat to Purushottam that in case he will give evidence against him he will chop him. On account of fear Purushottam fled from the place of occurrence. When Vijay Kumar arrived at the spot at that juncture appellant picked-up the axe and fled from the place of occurrence. The deceased died on the spot and his dead body was lying there in the field.