PINTU @ INDRAPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the judgment dated 3.10.2006 passed by First Addl. Sessions Judge, Tikamgarh, in S.T. No.48/2002, whereby the appellant has been convicted for the offence under Sections 302 and 324 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 2 months, and R.I. for three years and R.I. for 3 years respectively. Both the sentences to run concurrently.

(2.) According to the prosecution story, the appellant and the deceased were neighbours. Their houses were situated in front of each other. It is alleged that on 13.1.2002 at about 11 AM appellant and his father co-accused Prabhudayal and his brother Awadhesh Vanshkar were quarreling with Bablu in front of their house and also abusing deceased son Rakesh, PW6. At that time, deceased Ramdayal, father of Rakesh, PW6, came out of his house and asked not to abuse his son. Then accused persons brought sword from their house and while threatening to dire consequences assaulted deceased Ramdayal and caused several injuries on his person due to which he fell down and became unconscious. At the time of incident Geetabai, PW1, daughter of the deceased, was also present and on noticing the incident Rajkumar, PW7, (other son of deceased Ramdayal), and his wife Ramkunwaribai, PW3, rushed towards the spot from their house to save the deceased. However, accused persons also assaulted them and caused injuries. On gathering of people the accused persons flee away. Deceased Ramdayal was taken to hospital. The incident was witnessed by Laxman, PW2 and Siyaram, PW5.

(3.) Information of the incident was given at Police Station Niwari by Geeta, PW1, on which FIR at Crime no.13/2002 was registered against the accused persons for the offence under Sections 323, 324, 294, 506 and 307/34 of the I.P.C. During investigation the injured were medically examined at C.H.C. Niwari. On 14.1.2002 the deceased was declared dead. The dead body was sent for examination to the Govt. Hospital Jhansi, where examination was done by Dr.Pramod Kumar, PW12, who prepared the post mortem report, Ex.P/17, and found that death of the deceased was homicidal in nature. After death of the deceased offence under section 302 I.P.C. was added. The police summoned the witnesses. During investigation, statements of witnesses were recorded. Spot map, Ex.P/2 was prepared. Blood stained and simple soil were seized from the spot. The accused were arrested. After completion of investigation, the police filed a charge sheet against the appellant/ accused and his father Prabhudayal for offence under sections 323, 324, 506, 294, 307/34 and 302 of the I.P.C. before the J.M.F.C. Niwari, District Tikamgarh and against Awadhesh before the Juvenile court being juvenile. On committal, the case was received by Sessions Judge, Tikamgarh and case was tried by I Additional Sessions Judge, Tikamgarh.