GAJRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this criminal appeal filed under Section 374 of the Code of Criminal procedure the appellant has challenged his conviction under Section 302 and 323 IPC and sentence of life imprisonment and fine of Rs. 500/ and rigorous imprisonment for six months, respectively by judgment dated 18-2-99 passed by sessions Judge Ashoknagar in Sessions Trial No. 151/98.

(2.) PROSECUTION story in nutshell as unfolded during trial is that on 31-3-98 Kashiram (PW 1) along with 5-6 persons was sitting on bus stand of village Gahora, P. S. Isagarh, district Guna. It was alleged that Mst. Sakhibai (PW 10), wife of appellant Gajraj Singh, had left him as he became patient of tuberculosis and had started living with Kashiram, who is elder brother of Gajraj singh, as his wife for about six years before the said incident. It was also alleged that one son named Vicky was born out of their cohabitation. After sometime sakhibai returned back to village Gahora with her son and again started living with appellant. Thereafter Kashiram started asking the appellant to return his son Vicky. On the date of incident the appellant came on the bus stand where kashiram was sitting and started abusing him and said that why he is making demand about return back of his son Vicky and appellant inflicted lathi blows on the head of Kashiram. On this Kashiram ran away towards the village. One kalyan Singh (PW 7) was coming on the motorcycle, who gave lift to Kashiram. When they were coming towards Isagarh, again the appellant alleged to have stopped them and inflicted two lathi blows on the person of Kashiram, which hit his left hand, finger and shoulder. At the same time the appellant lifted Vicky, who was present near the place of incident, and threw him on road and also inflicted one lathi blow to him. It was also stated that his neck was also pressed by appellant Gajraj Singh and because of that he died. Kashiram boarded in the bus and went to Police Station Isagarh to lodge the FIR Ex. P/l of the incident. The injured was also referred for medical examination and he was examined by Dr. G. P. Karoliya (PW 8) and as many as 7 injuries were found on the body of injured kashiram, though all the injuries were simple in nature. Thereafter the dead body of the deceased, who was a boy aged 5 years, was referred for post-mortem, which was also conducted by Dr. Karoliya (PW 8 ). According to the opinion of the doctor, cause of death was asphyxia as a result of throttling. Thereafter, matter was investigated and chargesheet was filed.

(3.) DURING trial appellant abjured his guilt. His defence was that the deceased Vicky was his own son and he was not present on spot at the time of commission of crime. He was having enmity with his own brother Kashiram. He was pressurising him to compromise and when he refused, he has been implicated falsely.