LALSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal under Section 374(2) of Cr.P.C., against the judgment dated 03.08.2006 passed in Sessions Trial No.261/2005 by Sessions Judge, Raisen whereby the appellant has been convicted for the offence punishable under Section 459 of IPC and sentenced to undergo R.I., for 10 years with fine of Rs.1000/- and under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.2000/-, with default stipulations.

(2.) The prosecution story in brief is that on 30.08.2005 in the village Mangrole, complainant Narain Singh was sleeping in his house. In another room of the house, his brother deceased Khuman Singh and his wife Chhoti Bai was sleeping. At around 2:30 O'clock in the night Narain Singh woke up by hearing a cry of his Bhabhi Chhoti Bai. He came in the room of his brother Khuman Singh and saw the appellant Lal Singh and co-accused Mullu were standing near the cot of Khuman Singh. They were armed with sharp edged weapon Gandasa. Khuman Singh was lying on the bed in injured condition. Seeing Narain Singh, appellant and co-accused Mullu ran away. Choti Bai informed Narain Singh about the incident. Other witnesses Sunder, Umediya Bai and neighbours also arrived on the spot. Narain Singh lodged First Information Report Ex.P-4 at Police Station Bareily. Police registered the offence and conducted the inquest.

(3.) The trial Court framed the charge of offence punishable under Section 302/34 and 460 of IPC against the appellant and co-accused Mullu. They abjured guilt and pleaded innocence. The prosecution has examined twelve witnesses whereas appellant has given no evidence in his defence.