SHIVDIN SINGH GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 03.03.2008 passed by IInd Additional Sessions Judge, Rewa in Sessions Trial No.227/2007 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and fine amount of Rs.1000/-, with default stipulation.

(2.) The prosecution story, in brief, is that on 19.08.2007, there was a festival of Haryali. The appellant, who is the cousin brother of the deceased had gone to the house of the deceased. Other persons were also present there. At that time, on some family dispute, there was a quarrel between the appellant and the deceased. Dalveer Singh and Shankar Singh had pacified them. At that time, the appellant had taken out a Tangi which was kept on the roof of the house and inflicted a blow of Tangi on the neck of the deceased. The deceased fell down. He was died subsequently. The report of the incident was lodged at the Police Station-Hanumana at around 21:55 p.m. Police conducted investigation and filed charge-sheet. The appellant pleaded innocense and abjurd his guilt. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of the IPC and awarded the sentence of life.

(3.) Ramkali (PW-1) is the wife of the deceased. She deposed that on the date of incident, there was a festival of Haryali. Dalveer Singh, Shankar Singh and other persons came to my house to have a lunch. After taking the lunch, there were hot-talks between the appellant and the deceased. There was scuffle between both of them. Dalveer Singh and Shankar Singh had separated them. In that event, the appellant had taken out the Tangi which was kept at the roof of our house and he had inflicted a blow of Tangi on the neck of my husband-deceased. He fell down and the appellant ran away towards a Nala. Thereafter, I noticed that my husband was died. We went to the house of the Sarpanch and lodged the report. Police came there and prepared the spot map Ex.P-1.