LALLU @ BHOLA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in the present appeal is to an order dated 28.10.2005 passed by the learned 5th Additional Session Judge, (Fast Track Court) Chhatarpur in Sessions Trial No.198/2004 convicting the appellant for an offence punishable under Section 302 of I.P.C. and vide separate order of the same date sentencing him to undergo life imprisonment with fine of Rs.1000/- with default stipulation.

(2.) The prosecution case was set in motion on the statement of PW-9 Munnu Kori son of the deceased Ramavtar Kori made to Shri Arvind Singh Dangi, Station House Officer, Police Station - Jujhar Nagar on 24.6.2004 at about 3:20 p.m. in respect of an occurrence which took place at about 11:00 a.m. The statement is that Ramavtar father of the informant and his uncles - Inder pal, Shivcharan and Lallu (present appellant) were owners of old ancestral house. His uncles - Inder and Lallu have constructed their separate house, but the plot of Ramavtar (deceased) and Shivcharan was lying vacant. Lallu (present appellant) has constructed his house in such a way that the door of his house opens towards the land of Ramavtar. On the date of occurrence he alongwith his mother Shivkali, PW-11 and father Ramavtar (deceased) were raising construction of a wall in their land in front of the door of the house of the appellant and when PW-10, Ramkali w/o Shivcharan was working in her land. Then, at about 11:00 a.m., appellant Lallu demolished the wall which was being constructed. His father Ramavtar objected to demolition of the wall, but the appellant was insisting that the door of the house shall remain as it is and that whosoever tries to raise construction of the wall, will be killed. Saying so, he went inside his house and came out with an axe in his hand. He hit on the forehead of his father Ramavtar with the intention to take life. His father fell down but again the appellant gave three axe blows on the left hand of his father which resulted in injuries on his arm and elbow. The blood started oozing out. The appellant also gave an axe blow on the right hand of his father. On hearing the noises, Ramratan PW-14 also came to the place of occurrence. The appellant came towards them wielding an axe, but they ran away. When the appellant had gone, the villagers took his injured father in the bullock-cart of Krishna alongwith Ramsevak Kori, Dhulwa and his mother. When they were near Barigarh, his father died and thereafter a intimation of death Ex.P-9 was recorded and on the basis of which the FIR Ex. P-8 was lodged as mentioned above.

(3.) PW-20 Arvind Singh Dangi, Station House Officer started the investigation and took into possession the dead body and sent the dead body to Primary Health Centre, Laudi. He inspected the place of occurrence on 24.6.2004 itself when he prepared a site plan in the presence of Chhotelal, Devdutt, Ramkali and on the basis of information given by Ramkali. On the same day, the blood stained earth was taken in possession by him vide memo Ex. P-13. The statement of Shivkali wife of deceased Ramavtar was recorded on 25.6.2004 and on the basis of information received, the appellant was arrested. The blood stained shirt of the appellant was taken in possession after the same was got removed vide Ex. P-3. On the basis of disclosure statement Ex.P-1, made by the accused, an axe was recovered from his house, which was taken in possession vide Ex.P-2. He recorded the statements of Ramkali, Kallu, Krishna, Ramsevak, Raju, Shivcharan, Dallu Dhobi, Ramratan and Rukmin on 23.7.2004 and sent the recovered articles for the forensic science examination vide memo Ex.P-17. The report of the forensic science laboratory is Ex.P-18. On completion of the investigations, a report under Section 173 of Cr.P.C. was filed. Since the accused did not admit the charge, he was made to stand trial.