DULAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal from jail being aggrieved by the judgment dated 4.11.2006 passed by the Sessions Judge, Balaghat, in S.T.No.95/2006, whereby the appellant has been convicted for the offence under Section 302 of the I.P.C. and sentenced to undergo life imprisonment along with fine of Rs.500/- R.I., in default of fine R.I. for 3 months for causing death of deceased Gunthulal by assaulting with lathi on his head.

(2.) According to the prosecution story, appellant Gunthulal and his wife Jhamalbai were residents of Kokratola-Kasangi. On 22.3.2006, on the occasion on Holi festival, at about 2 AM, deceased Gunthulal was sitting at the door of his hut along with his wife. At that time, present appellant accused, who was neighbour of the deceased, came and asked for liquor, Gunthulal and his wife Jhamalbai told him that they don't have liquor on which accused Dulam Singh dealt a lathi blow on the head of Gunthulal due to which he sustained injury. Jhamalbai, wife of deceased asked as to why he assaulted her husband, then accused Dulam Singh went to his house, deceased Gunthulal and Jhamalbai also followed him, then accused Dulam Singh brought axe from his house and dealt an axe blow on the head of Jhamalbai, due to which she sustained injuries and fell down. Jahmalbai died on the spot.

(3.) Information of the incident was given at Police Station Sonewani by deceased Gunthulal, on which Dehati merg intimation, Ex.P/15 and Dehati Nalishi, Ex.P/16, was registered and after merg enquiry, FIR, Ex.P/13 and P/25, at Crime No.43/2006 and 01/2006 was registered against the accused person for the offence under Sections 307 and 302 of the I.P.C. Later, on the next day, Gunthulal also succumbed to the injuries. After completion of investigation, the police filed a charge sheet against the appellant / accused for offence under section 302 of the IPC before the J.M.F.C. Baihar, District Balaghat, and on committal, the case was received by Sessions Judge, Balaghat and case was tried by Sessions Judge, Balaghat.