PUSHPENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) In the instant appeal challenge has been made to the order dated 6-8-2005 passed by the learned I Additional Sessions Judge/Special Judge, Tikamgarh in S.T. No.178/2003 whereby the appellant has been convicted under Section 302 of the IPC and sentenced imprisonment for life and under Section 323 of IPC to suffer rigorous imprisonment for 1 year.

(2.) Kashiram Rajput, who is an injured eye witness, is the complainant of this case. Allegation is that on 17-8-2003 at about 03:30 PM he was going to Village Arora Market with his mother Smt. Prembai (the deceased) to purchase vegetables. When Kashiram and his mother reached at the Village Khodera the accused-appellant along with his son Bhole Singh (acquitted by the trial Court) came there armed with a 'lathi', they stopped and hurled abuses on Kashiram and his mother. Thereafter, the appellant's son Bhole Singh caused injuries with a 'lathi' on the head of Kashiram on account of which head of Kashiram was broken and there was profuse bleeding. The present appellant caused injuries with a 'lathi' on the ankle of Kashiram (PW-1), as a result of which his his left leg and the little finger of the right hand were injured. It is also alleged that after seeing the incident the mother of Kashiram shouted and tried to intervene and at that point of time a 'lathi' blow was given by the appellant on the neck of the deceased. It is further alleged that the co-accused Bhole Singh had also caused a 'lathi' injury on the back of the abdomen of the deceased. Then incident is said to have witnessed by Hari Singh and Dhaniram Dubey.

(3.) The report of the incident was lodged at the Police Station, Kotwali Tikamgarh by Kashiram (PW-1) in respect of offence punishable under sections 307, 341, 323, 294 and 506-II of the IPC against the present appellant and his son Bhole Singh.