RAMPATI @ PATANGI Vs. STATE OF M.P.

JUDGEMENT

(1.) Being aggrieved by the judgment dated 23.7.2005 passed by Sessions Judge, Sidhi in S.T. No. 3/2005 convicting the appellant under Sec. 302 of the Penal Code and sentencing him to undergo Life Imprisonment and fine of Rs. 500.00 with default stipulation for committing the murder of Lallo Agariya, this appeal has been preferred under Sec. 374(2) of the Cr.P.C.

(2.) The prosecution case in brief is, on 110.2004 Pannelal, brother of deceased went to forest area for cutting the woods while Ramvali and Chhotelal, elder brothers of deceased went to plough the field, and mother went for grazing of cattle. Father Samaylal (PW-12) and sisters-in-law Sukhmaniya (PW-5) and Subhagi (PW-13) were at home after maternity period while deceased Lallu was lying on the wooden cot (Takhat) in the courtyard. Accused Rampati @ Patangi entered in the house of deceased having Tangi in his hand, sat on the cot where the deceased was lying down and said why he is bothering his wife, on which some altercation took place and the accused assaulted 2-3 times from the back side of Tangi over the head and neck of the deceased. On seeing the incident, Sukhmania (PW-5) and Subhagi (PW-13) made hue and cry to save Lallu, who sustained injuries and blood was started oozing. At that time accused along with Tangi ran away from the spot. The information of the incident was given to Ramlakhan, Janpad Sadasya where Jagannath Singh was also sitting. While making arrangement of Vehicle for shifting the deceased to the Hospital, he died, to which the intimation was given by Ramlakhan to P.S. Bargawan.

(3.) The Police reached on the spot to complete all the formalities. After preparation of Panchnamas and completing other investigations , challan was filed in the competent Court, however, the Judicial Magistrate took the cognizance and committed it to the Court of Session for trial. The trial Court framed charge under Sec. 302 of the IPC. The accused abjured his guilt and demanded for trial putting a defence that he has been falsely implicated in the case.