MOTI LAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred assailing the judgment dated 29/08/2005 passed by the Ist Additional Sessions Judge, Rewa, in Sessions Trial No.10/2007 whereby the appellant has been convicted under section 302 of IPC for committing murder of one Balmik Prasad Mishra and sentenced him to undergo R.I. for life imprisonment along with fine of Rs.200/- and in default further imprisonment of 1 month.

(2.) The brief facts giving rising to this appeal are that in Rewa Collectorate there is Hanuman Temple where deceased Balmik Prasad Mishra was worshiping on 19/10/2006, the appellant being a saint and having "Trishul" came to the temple and with the permission of the deceased taken shelter in the temple in the night and on the next day (20/10/2006) when the appellant was not intended to go back the deceased asked him to go and leave the temple and suddenly altercation took place between them. The appellant started abusing the deceased and also said that he would kill him and thereafter the appellant assaulted the deceased with "Trishul" and caused injury on his chest. At that time Anjani Kumar Pandey (PW-3), Dinesh Kumar Goswami (PW- 10) and Anil Kumar Mishra (PW-11) were present. The deceased fell down and became unconscious. Anjani Kumar Pandey (PW-3) lodged Dehati Nalishi Ex.P-7 to police station Civil Lines, Rewa and the deceased was shifted to the hospital where after few minutes he died. In police station Civil Lines Rewa initially Crime No. 621/2006 under section 307 of IPC was registered against the appellant. During the investigation autopsy on the body of the deceased was conducted by Dr. S.K Pathak (PW-6). According to the Postmortem Report Ex.P-13 the cause of the death was homicidal and the injury was sufficient to cause death in ordinary course of nature. On 20/10/2006 the appellant was arrested as per arrest memo Ex.P-11 and from his possession "Trishul" was seized as per seizure memo Ex.P-10, which was sent to the FSL and as per FSL Report Ex.P-20 on the "Trishul" presence of human blood was confirmed.

(3.) After completion of the investigation, the charge sheet was filed under section 302 of IPC before the Chief Judicial Magistrate, Rewa, who committed the case to the Session Judge, Rewa and after receiving the case on transfer, the 1 st Additional Session Judge, Rewa tried the case.