NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against his conviction under Section 302 of the IPC, sentence to R.I for life and fine of Rs.500/-, in default of payment of fine, he shall suffer additional S.I, for six months', passed by learned Additional Sessions Judge, Kukshi, District Dhar in S.T. No.45/02 judgment dated 30th October, 2002.

(2.) According to the prosecution case, on 5/10/2001, at 6.00 p.m., deceased Ramsingh came to his house on motorcycle and was standing in front of his house. At that time, appellant met him and deceased demanded loan amount from the appellant, on which, appellant got annoyed and went to his house. Deceased Ramsingh was talking with Juwansingh(P.W.4) while standing in front of his house, at that juncture, appellant Narayan reached over there having wooden log(Khalnia, used in bullock-cart for giving support to luggage) and while saying that today he will kill him as deceased was demanding money again and again, gave a blow on the head of the deceased by Khalnia. At the time of causing injury by Khalnia on the head, appellant was picking up Khalnia by both the hands and dealt a blow on the head of the deceased resulting into his fall on the ground. The deceased became unconscious and was immediately taken to the hospital, where on examination, doctor declared him dead. Report of the incident was lodged immediately on 5/10/2001 at 8.00 p.m. by Surajbai(P.W.l), wife of the deceased. Police party reached on the spot and prepared the spot map. Inquest of the dead body (Exhibit-P/7 )was prepared and after arrest of the appellant, on his disclosure statement, weapon of the offence 'Khalnia' was seized through seizure memo (Exhibit-P/9). The dead body was sent for postmortem examination and the same was performed by Dr. F.S. Chouhan(P.W.2). The postmortem report is Exhibit-P/2. The seized 'Khalnia' Article-'A' was sent for opinion to the doctor with letter (Ex-P/3) and opinion was given by the doctor on the same letter at place A to A that injury could be caused to the deceased by the said 'Khalnia'. The police also effected the seizure of blood stained and controlled earth as well as chappal of deceased from the spot through seizure memo(Ex-P/ll). Seized articles were sent to Forensic Science laboratory, Indore for examination. On completion of investigation, charge-sheet was filed against the appellant under Section 302 of the IPC.

(3.) The appellant denied the charges and pleaded innocence, therefore, put to trial. The appellant has not examined any witness in defence whereas the prosecution examined in total six witnesses and got proved fifteen documents to prove its case. The learned Trial Court, found the appellant guilty and convicted him as mentioned here-in-above.