AMAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 15.4.2010 passed by Ist Additional Sessions Judge, Ashoknagar (M.P.) in Sessions Trial No.09/2009, whereby the appellant has been convicted of offence under Section 302 of IPC and sentenced to Life Imprisonment with a fine of Rs.25000/-.

(2.) The prosecution's case, in short, is that on 29.9.2008 at about 7-8 pm deceased Haricharan was taking dinner in his house at village Shadhora. The appellant went inside the house and took a cane from the house of the deceased Haricharan having kerosene.

(3.) The Investigating Officer, Sub-Inspector Amresh Bohre (PW-9) recorded the dying declaration of the deceased as Ex.D-2. Also Assistant Sub-Inspector Daya Sagar Singh (PW-11) has recorded his dying declaration as Ex.P-3. Initially the inquest was handed over to ASI Daya Sagar Singh (PW-11). He examined the various witnesses and gave his report, Ex.P-21. In the dying declaration Ex.P-3, he got the intimation that the appellant had illicit relations with Bisan Bai (PW-3), wife of the deceased Haricharan and due to that reason there was a quarrel taken place between the appellant Amar Singh and the deceased Haricharan and ultimately on the date of incident the appellant had committed such a crime. Sub-Inspector Amresh Bohre (PW-9) went to the spot, he prepared a spot map Ex.P-6.