HAKIM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 08.09.1995 passed by the 2nd Addl. Sessions Judge, Damoh in Session Trial No. 47/1994 whereby the appellant has been convicted under Sections 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs. 1000/- with default stipulations.

(2.) It is not in dispute that dead body of the deceased Dildar was found in the courtyard of the appellant.

(3.) In brief, the prosecution case is that on 02.12.1993 at about 5:45 pm in village Itwa, appellant Hakim Singh and other co-accused persons namely Nawab Singh, Ranvir Singh, Brijbhan, Durga Singh, Khilan Singh and Govind Singh assaulted Dildar Singh (since deceased) and his family members. Dildar Singh died due to injuries sustained by him. Complainant Dharmendra Singh (PW-7) brother of deceased Dildar Singh was informed about the incident. He reached the spot and saw Dildar Singh dead. He lodged Dehati Nalishi ((Ex. P/9). FIR was registered against the appellant and other persons under Section 147, 148, 306, 302, 323 of the Indian Penal Code. After investigation, charge-sheet was filed against the appellant and other accused persons.