(1.) THIS appeal has bee preferred by accused Raj Bahadur Singh against the judgment and order of conviction recorded in Sessions Trial No. 12/1990 by Second Additional Sessions Judge, Camp Beohari, District Shahdol, decided on 13-1-1992, wherein and whereby this appellant has been found guilty for commission of offences under Sections 302 and 201, IPC and has been awarded Life Imprisonment and one year R. I. respectively.
(2.) PROSECUTION story in short is as under: On the intervening night of 27/28-9-89, Jamuna Singh, deceased was found dead in his own house. According to the prosecution, appellant had some doubt with regard to illicit relations between his wife and Jamuna Singh. Thus, with an intention to take revenge, he had hidden himself on the fateful night in the house of Jamuna Singh. When Jamuna Singh returned after watching Ramlila to his house and when he went off to sleep, this appellant took out a 'tangi' kept in the house of the deceased and caused injuries. On hearing the sound, parents of Jamuna Singh, P. W. 2 Jaibhan Singh and P. W. 3 Chandramati, woke up and went to the room of deceased Jamuna Singh. The appellant pushed them and ran away from the spot. The appellant himself went to Police Station, Beohari and lodged a report that someone has caused murder of Jamuna Singh.
(3.) ON the said First Information Report and the merg intimation Exhibits P-17 and P-7 respectively, an offence under Section 302, IPC, was initially registered against an unknown person. The body of deceased Jamuna Singh was sent for post-mortem. Exhibit P-1 is the post-mortem report proved by P. W. 1 Dr. A. K. Mishra.