MELA SINGH GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 31.01.2005 passed in Sessions Trial No.251/2004 by the Sessions Judge, Shahdol. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded Life imprisonment with fine of Rs.100/-.

(2.) Prosecution story, in brief, is that on 09.07.2004 Budhni Bai returned to the house of her husband from the house of her parents. Budhni Bai was living with father-in-law because her husband was died earlier. Accused/appellant was in the house of Budhani Bai, he left house at around 5 O'clock in the evening. He again came back at the house of Budhni Bai, he was having Tangi [axe] in his hand. Budhni Bai was clearing rise in the Courtyard. Her father-in-law namely; Jageshwar Gond [since deceased] was sitting out-side of the house beneath the tree of Kathal. Appellant also sat with deceased, he demanded Chiken from Jageshwar [since deceased]. Budhni Bai heard sound, she came out of the house and noticed that appellant-Mela Singh Gond had inflicted two blows of Tangi on the head of deceased. Thereafter, appellant ran away from the spot. Deceased was died on the spot. After hearing sound, Bhagwandeen and Acchelal both reached on the spot. Budhni Bai narrated incident to the Sarpanch of the Village Mr. Goutam Singh and on the next day, report of the incident was lodged at the Police Station Jaithari. Accused/appellant himself reached at the Police Station along with Tangi and narrated the incident to police. Police arrested him and also seized Tangi. An offence was registered against the appellant for commission of offence punishable under Section 302 of IPC. Police conducted investigation and filed charge-sheet. During trial, appellant pleaded innocence. He submitted that he has been falsely implicated in the case. Trial Court after trial held the appellant guilty for murder of Jageshwar Gond and awarded sentence of life.

(3.) Learned counsel for the appellant has submitted that evidence of sole eye witness Budhni Bai [PW-1] is not reliable. Trial Court has committed an error of law in convicting the appellant on the basis of evidence of sole eye witness. In alternate, learned counsel for the appellant has submitted that ofence alleged to be committed by the appellant would fall under Section 304 Part-I of IPC.