SANTOSH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction and sentence passed in Session Trial No. 28/2006 by the learned Sessions Judge, Maheswar, West Nimar dated 19.01.2007, wherein the learned Sessions Judge convicted the present appellant under Section 302 of IPC and sentenced him to life imprisonment and under Section 323 (2 counts) of IPC for causing injury to Mukesh and Bittu and sentenced him to six months rigorous imprisonment.

(2.) According to prosecution story, the deceased Bama was working as Choukidar of the village and he was petrolling the village along with Sheru Pinjara, Bhatore etc. At 1:30 AM in the night, a person came towards them and when that person reached in front of the house of Chhogalal, the deceased Bama stopped him and asked him to disclose his identity. He told the deceased Bama that he was a Policeman. Not believing him, the deceased tried to lift his shirt to check whether he was wearing a police badge to ensure that he was a Policeman. However, on that occasion he slapped him and to defend himself he tried to take an iron pipe from the complainant Chhogalal. But before he could hand over the pipe to the deceased Bama, that person snatched the pipe and gave two blows on the head of the deceased, due to which, he suffered fatal injuries and died. After the incident, that person, who came there ran away. The person who were with the deceased tried to chase him but they could not catch him. Subsequently, it was stated that after sometime, the accused came back in the village along with the pipe in his hand and there, he was seen by other prosecution witnesses, and thereafter, they caught hold of him.

(3.) After recording evidence of both the sides, and also the statement of the accused, the trial Court found him guilty under the sections as aforesaid and sentenced him.