SARMAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused appellant has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 19/3/2011 passed by the Second Additional Sessions Judge, Dabra, district Gwalior (M.P.) in Sessions Trial No. 221/2010 convicting him under section 302 I.P.C. and sentencing him to suffer life imprisonment with a fine of Rs. 5,000/- and in default thereof to further undergo six months' additional imprisonment.

(2.) Briefly stated the prosecution case is that on 17/5/2010 at 8-30 p.m. complainant Mukhtyar Singh in injured state accompanied with unconscious deceased Jagjeet Singh (maternal grandson of the complainant) and neighbour Palvinder Singh lodged FIR at police station Pichhore, district Shivpuri that on 17/5/2010 at about 7-30 a.m when deceased Jagjeet Singh was going for work towards Sahona and was approaching the turn near the house of Omprakash Mirdha, the appellant Sarman Singh came and started abusing the deceased on the issue of the deceased having made false allegation against the appellant of laying of electric line and installing of meter and also threatened the deceased of dire consequences. When the deceased objected to the same, the appellant took out a knife kept hidden inside his pocket and stabbed the deceased in the abdominal area. The deceased in injured state ran towards home but after covering short distance fell down unconscious. The incident is said to have witnessed by the brother of the deceased Manprit Singh @ Mannu, Aavtar and Mahendra Singh who were joined a little letter by Palvinder Singh who on motorcycle took the deceased in unconscious state to the police station where the incident was reported. Crime No.67/10 was registered alleging offfences punishable under sections 341, 294 and 307 I.P.C., which triggered the investigation leading to completion of various formalities involved in the process. The confessional statement of the appellant under section 27 of the Evidence Act was recorded which led to discovery of the offending weapon (knife). Statements of the witnesses under section 161 Cr.P.C., 1973 were recorded. Unfortunately, the injured died in the hospital at Dabra which led to registration of the inquest Ex.P/11. The clothes and other items found on the body of the deceased were sealed and sent for chemical examination and dead-body was subjected to postmortem.

(3.) After completion of investigation, charge-sheet was filed before the court of competent jurisdiction which committed the case to the court of Sessions where charges for alleged offence were framed against the appellant by the Trial Court to which he pleaded not guilty and claimed trial.