JAMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has filed this appeal, challenging his conviction under section 304 of the IPC and sentenced him to undergo five years' RI, passed by learned I Addl. Sessions Judge, Sardarpur in ST No. 2/1990, the judgment dated 7-10-1994.

(2.) BRIEFLY stated, the prosecution case as put forth before the Trial court is that on 30-10-1989, in the evening at 4. 00 p. m. deceased Badri and his wife Heerabai (P. W. 3), in Village Veerpurpada at their well were separating sesame seed. At that moment, appellant reached over there having farsa. One day prior to the date of incident, cow of deceased entered inside the filed of appellant and appellant chased the cow with farsa to assault. Appellant told deceased Badri that he would kill his cow at which Badri replied that he should not kill the cow, but he would kill him. The appellant dealt a farsi blow on the head of the deceased, resulting into his fall on the ground. At this moment, acquitted co-accused Ganglibai, Phoolsingh and Annabai reached over there and pelted stone, causing injury on the face, and chest of the deceased as well as his wife Heerabai. The incident was also witnessed by Chagan and Bhuribai. They tried to save the deceased, but accused persons assassinated Badri. Heerabai along with village Chowkidar went to police station and lodged the report. Police registered Crime No. 227/1989 under Section 302/34 of the IPC against three persons and commenced investigation. During the course of investigation, spot map was prepared. Blood stained and controlled earth were seized. After arrest of the appellant at his instance blood stained farsa was seized and same was sent for examination to FSL. In FSL report, simple blood was found on farsa. Dead body was sent for post-mortem examination after inquest and same was conducted by Dr. A. K. Shrivastava (P. W. 2 ). The post-mortem report is Exh. P-3. After necessary investigation, charge- sheet was filed against three accused persons.

(3.) THE accused persons denied the charges and submitted that deceased was a bully and was the aggressor, at that juncture the crowd assembled and caused him injuries by pelting stone, but police concocted a false case against them. They have examined two witnesses in defence. The learned Trial court, while acquitting co-accused Ganglibai and Annabai, convicted the appellant as indicated herein above.