HARI RAM GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the accused being aggrieved by the judgment dated 06.02.2008 passed by Sessions Judge, Panna in Sessions Trial No.95/2007 whereby, the appellant has been convicted under Section 302 of IPC and sentenced for Life imprisonment with fine of Rs.200/- and default stipulation.

(2.) Prosecution story in brief is that, on 25.07.2007 at about 7 PM, a dispute has been taken place between Hari Ram (appellant) and one Raja Thakur. Hariram slapped to Raja Thakur on his cheek. Tai Gond (since deceased) interrupted Hari Ram and saved Raja Thakur from assault made by the appellant. Tai Gond (since deceased) dropped Raja Thakur out of the village. Appellant threatened the deceased to kill him. The incident was narrated to Sarpanch of the village by the deceased, his wife Makho Bai and his daughter Maya saw the incident while returning, under the tree of neem, the appellant inflicted blow of axe on the chest of Tai Gond (since deceased). Deceased fell down on the ground. Makho Bai and his daughter Chhoti Bai cried and shouted thereafter, other villagers came there. They brought Tai Gond (since deceased) to District Hospital, Panna where he died. Naresha Gond, brother of the deceased lodged the report at 10.30 PM on the same day at Police Station Kotwali, Panna. Offence under Section 302 of IPC has been registered against the appellant. After investigation, charge-sheet was filed before the concerned Court.

(3.) Appellant was charged under Section 302 of IPC by the learned trial Court. After considering the evidence of eye witnesses (PW-2) Makhko Bai, (PW-3) Ku. Maya and (PW-7) Chhoti Bai and other villagers which is corroborated by the medical evidence. Learned trial Court held that the appellant inflicted blow of axe on the chest (vital part) which was also affected other vital organs of the deceased. The deceased was died due to excessive bleeding just after the incident, therefore, the appellant was convicted and sentenced as mentioned above.