JHAMSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 12-101998 passed by Second Additional Sessions Judge, Seoni, in Sessions Trial No. 40 of 1997, convicting the appellant for the offence under section 302 read with section 34 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) In short, the prosecution case is that on 6-2-1997 at about 9.15 A.M. in village Khamariya Raiyat, Teeju Gond (deceased) was going to Nursery on a cycle. When he reached in front of the house of Gyani Gond, accused Raman Singh and Jhamsingh (appellant) assaulted him by an axe and lathi. It is said that accused Raman Singh inflicted 3-4 blows of axe on neck and head of Teeju whereas Jhamsingh assaulted him by lathi. Teeju fell down at the spot. Mother of Teeju viz., Chamribai (PW-4) saw the incident from her house and went at the spot. Pohap Singh Ahir (PW-2), who was also there, asked accused persons not to assault Teeju. Several other people of the village reached at the spot to whom Chamri Bai narrated the incident. Chamribai went to the house of Ganaram, Sarpanch (PW-1) and informed him about the incident. Ganaram, after viewing the spot went to police station Kanhiwada and lodged the first information report (Ex.P/1) on the same day at about 11.45 A.M. Police reached at the spot, prepared inquest and spot map (Ex.P/3) and sent the dead body to Primary Health Centre, Kanhiwada, where Dr. K. K. Sevte (PW-5) performed the post mortem examination of the dead body and gave his report (Ex.P/5). He found three incised wounds on the head of the deceased, one lacerated wound and one blunt injury on the right side of his forehead. Skull bones and mandible bone were found fractured. Some of the teeth had also fallen out from the jaw. In his opinion, deceased died due to shock and haemorrhage mainly due to injury No.3. The injuries were caused by hard cutting object and hard and blunt object. The injuries were ante-mortem in nature. After investigation charge sheet was filed and the case was committed for trial.

(3.) Appellant and accused Raman Singh were charged for the offence under section 302 read with section 34 of the I.P.C. They abjured their guilt and pleaded false implication due to past enmity.