JAHAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has been convicted under section 302 I.P.C. for committing murder of one Deosingh and has been sentenced to imprisonment for life.

(2.) About a couple of years before the date of incident i.e. 8-1-1983, deceased Deosingh had tried to act fresh with the younger brotherTs wife of the appellant. Since then the appellant was harbouring a grudge against him. It is said that on 8-1-1983 at about 11.45 a.m. appellant and deceased Deosingh scuffled in the field of one Roopsingh. The appellant threw the deceased on the ground and strangulated him with a towel, Chhotelal (P.W. 1) produced as an eye-witness, lodged the First Information Report at Rurawan out-post soon after the incident i.e. at about 12.150 clock. Investigating Officer Yadav reached the spot and prepared the inquest report of the dead body. There was lot of blood lying on the around which was seized and sealed. The body was sent for post mortem examination, Dr. Nema performed the autopsy and noted bruises on the left and right clavicles, shoulder, face, forehead and other places. He also noted ligature mark on the neck with multiple abrasions all round. On internal examination he noted blood and froth in the trachea and hemorrhage of lungs. In his opinion death was due to strangulation resulting in asphyxia.

(3.) On the basis of eye-witness account and the medical opinion, the appellant was charged under section 302 of the I.P.C. for committing murder.