GORU Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21st March, 1997, of the Additional Sessions Judge, Ujjain, passed in S.T. No. 271/96, whereby the accused -appellant has been convicted u/s 302 IPC for allegedly having committed murder of Kailash Dulichand in the evening of 21.7.1997 at about 6.30 -7 p.m. in village Kadodiya and sentenced to imprisonment for life.

(2.) PROSECUTION story, in brief, is that Kailash was passing through the path way from jungle, witnesses were also following him. Meanwhile, the accused, who was hiding himself behind the bush, came with Farsi, a hard sharp edged weapon, and caused injury on the head of the deceased. The three eye -witnesses i.e. Vikram Singh, Ramesh and Allanoor saw the incident. The matter was reported to the Police Makdone at 8 p.m., the same was recorded by K.K. Sisodiya (PW 7), who registered the offence u/s 302 IPC vide Crime No. 78/96, Ex. P/1. He visited the spot, prepared inquest report and sent the body for post -mortem examination. He also prepared site map, Ex. P/2, seized controlled and uncontrolled earth from the spot. He received the clothes of the deceased from the hospital, the same was seized.

(3.) THE Doctor prepared report, Ex. P/13, and opined that injured died of homicidal injury, which was sufficient in the ordinary course of nature to cause death.