PEERUSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dt. 21-5-1982 passed by the learned Sessions Judge, Shajapur, in Sessions Trial No. 129 of 1981. The appellant has been convicted under S.302 I.P.C. and sentenced to undergo imprisonment for life.

(2.) Briefly, the prosecution case was that on 20th Aug. 1981, at about 10 A.M., the appellant assaulted Poorsingh with a stick and an axe. PW-2 Dulesingh, the Chowkidar of the village, lodged the first information report Ex.P-2 on the same day at 12-15 P.M. at Police Station Sadalpur situated at a distance of two kilometres from the scene of occurrence. In that report, the name of the accused was mentioned as the assailant. Poorsingh was taken to the hospital at Susner, where he was examined by PW-9 Dr. Deepak Kumar Bhatnagar. As the condition of Poorsingh was quite critical, his dying declaration Ex.P-6A was recorded at 1-30 P.M. by P.W.10 Ramdas Gupta, the Naib Tehsildar of Susner in the presence of PW-9 Dr. Deepak Kumar Bhatnagar. In that dying declaration, Poorsingh disclosed that on the date of the incident, when he was chopping wood with an axe, the accused armed with a stick assaulted him and that when he fell down, his axe was picked up by the accused and the accused then assaulted Poorsingh with that axe. Poorsingh was then taken to the Civil Hospital at Ujjain for further treatment, but on the next day, he succumbed to the injuries caused to him. After investigation, the accused was arrested and put up for trial. He denied commission of any offence. The learned trial Judge, after appreciating the evidence on record, found that the accused was guilty of the offence charged with. The accused was accordingly convicted and sentenced as aforesaid. Aggrieved by his conviction, the accused has preferred this appeal.

(3.) The fact that Poorsingh met a homicidal death has been established by the prosecution beyond reasonable doubt. PW-1 Dr. Vijay Pendharkar, who conducted the autopsy, found the following injuries on the body of Poorsingh :