MILAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 04.11.2006 passed in Sessions Trial No.162/2006 by the Court of Ist Additional Sessions Judge, Shahdol whereby, he was prosecuted for commission of offence punishable under Section 302 of IPC. The trial Court found the appellant guilty for commission of offence and awarded sentence for life.

(2.) Prosecution story in brief is that Motilal [PW-3] at around 1.30 in the night had heard the cry of Dheer Singh. He reached near the School, then he had seen that appellant Milan Singh had been inflicting blows of lathi [wooden stick] on his brother Dheer Singh. He told the aforesaid incident to PW-5. Veernarayan, Motilal, Brijbhan and Kalla reached on the spot. They had seen that the appellant had been beating the deceased by lathi. The appellant tried to run away from the place, however, the aforesaid persons encircled the appellant and catch him. Deceased was died on the spot. [PW-2]Veernarayan Singh lodged the report of the incident at Police Station Amarkantak which was recorded as Ex.P-3 as merg intimation. On the next day, the police conducted the investigation and thereafter, filed the charge-sheet. Appellant abjured the guilt during trial. The trial Court held the appellant guilty for commission of offence and awarded sentence as mentioned above.

(3.) Prosecution examined seven witnesses in support of the case. [PW-2] Veernaryan Singh is elder brother of the deceased. He deposed that on 10th of March, 2006 in the night when I was at my house, I had heard the cry "help me" of Motilal Baiga and thereafter, I rushed on the place. I had seen that appellant had been beating to my brother by lathi. I came back and told other persons then Brijbhan, Indraraj and Kalla Singh reached on the spot. We noticed that appellant had been beating the deceased. After seeing by us, the appellant tried to run away from the spot. We had encircled and catch him. The deceased was died at the spot. We reached at 4 O'clock in the night at Police Station Amarkantak and lodged the report which is Ex.P.-2. I signed the same. Ex.P-3 is merg intimation. I singed the same. The police came on the spot and prepared Panchnama of the dead body. Police also prepared the spot map which is Ex.P-6. I signed the same. From the place of incident, investigating Officer seized plain earth and red earth vide seizure memo Ex.P-7. I signed the same.