SHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 6-3-1992 of Ist Addl. Sessions Judge, Ujjain passed in S.T. No. 269/90 whereby accused-appellant has been convicted under Section 302 of I.P.C. for having committed murder of Kanchanlal s/o. Bhagirath on the intervening night of 9th and 10th June, 1990 in village Moyakheda and sentenced to imprisonment for life and a fine of Rs. 1500/-; in default of payment of fine to suffer R.I. for six months.

(2.) The prosecution story in brief is that deceased Kanchanlal was owning a well which was situated on his field. It appears he was sleeping near the well for the security of crops and instruments of the well. In the morning of 10th June, 1990 Kanchanlal was found lying on his cot in an unconscious condition with injury on his head. He was gasping. One Omprakash who initially located Kanchan Lal informed the persons and thereafter Kanchanlal was taken to hospital in a tractor but he died in, between i.e. in village Jawasiya. The matter was reported by P.W. 4 Dayaram vide Report Ex. P/4. The same was recorded by Shri Shastri, Sub-Inspector of Police (P.W. 13) who visited the spot and prepared inquest report vide Ex. P/5. He sent the body for post-mortem examination with a letter of request vide Ex. P/12. The cot was also brought along with the body and the same was seized vide Ex. P/7. Shri Shastri (P.W. 13) visited the spot on 11-6-1996 and prepared site-map Ex. P/6 in presence of the witnesses.

(3.) Dr. M. K. Singhal (P.W. 1) conducted autopsy on the body of Kanchanlal and found following injury :-