KOK SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant -Kok Singh has preferred the present appeal against the judgment dated 23-06-2008 passed by the Sessions Judge, Gwalior in S.T.No.182/2006 whereby he was convicted for the offence under Section 302 of IPC and sentenced to life imprisonment with fine of Rs.2,000/- with default stipulation.

(2.) Precisely stated facts of the case, as per prosecution, for adjudication are that on 29-06-2006 at around

(3.) :30 am in the night, complainant Yaduvir Singh (PW-1) was sleeping in his courtyard and nearby him, his mother Narayani Bai (PW-3) and father Gandharv Singh (since dead) were sleeping and Jitendra Singh (PW-2) was sleeping upstairs. Around 3:30 am in the night, some voices disturbed complainant's sleep, wherein he heard the voice of his father Gandharv Singh and on getting up, complainant found that the accused Kok Singh his uncle was inflicting the blow of spade over Gandharv Singh. He shouted to his uncle and then one blow was again inflicted over his father's head and he ran away while leaving spade on the spot and before leaving, stated that I am going after killing. Immediately, Jitendra Singh (PW-2), Narayani Bai (PW-3) came to the spot. It appears from the prosecution story that some dispute was existing between Kok Singh and deceased Gandharv Singh. FIR was registered vide Ex-P/1. During investigation, appellant -Kok Singh was arrested and after due investigation, charge-sheet was filed before the JMFC, Gwalior who committed the case to the Court of Sessions. 3. Appellant abjured his guilt. In defence, he examined three witnesses, who tried to establish the theory of accused Kok Singh on the basis of dark night and blurred vision. Witnesses tried to take stand that the accused came on spot after incident. It was also tried to be established that 2-3 persons were seen running after killing Gandharv Singh.