JAMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal, the appellant Jamsingh s/o Muniya Tadvi assails the legality and propriety of the conviction and sentence passed by judgment dated 13/11/1998 in Sessions Trial No. 50/1998 by the learned lllrd Additional Sessions Judge, Khargone, (West Nimar) whereby he has been awarded imprisonment for life under Section 302 of the Indian Penal Code._

(2.) The prosecution case, succinctly put, discloses that on 07/11/1997, at about 03.00 O'clock, while deceased Chandarsingh and his wife were returning from the market to their house, the appellant and the acquitted accused met them, each armed with an axe. When the deceased inquired whether their relative had abducted his daughter, the accused started hurling abuses. When the deceased objected, the accused stated that he was trying to be a bully and accusing their relative falsely and unleashed the attack. Jamsingh struck a blow of axe over the head of Chandersingh, co-accused Vesta assaulted him with the handle of the axe and Dashariya assaulted his wife Surbai (PW 11). On report being made, Crime No. 199/97 was registered and the investigation commenced.

(3.) During investigation samples of blood stained and control earth were taken, the witnesses were examined and their statements were recorded u/S. 161 of the Cr PC, accused and the co-accused were arrested and on the basis of the disclosure made, the axes wielded by the accused persons, were seized. Though the deceased was rushed for medical treatment to the Hospital, he succumbed to the injuries on 10/11/1997 while under treatment. The case was thus converted to one u/S. 302 and the body of the deceased was sent for post-mortem examination. During treatment, X-Ray of Chandersingh and Surbai were taken and in the X-Ray Report (Ex.P/9), fracture of parietal was detected. The articles which were seized, were forwarded to the Forensic Science Laboratory and after completion of the investigation, the accused were prosecuted.