RAMMANI @ BHURA CHOUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 23.02.2008, passed by learned Special Judge District-Sidhi in Sessions Trial No. 08/2007, whereby the appellant has been found guilty for the offence punishable under Section 302 of IPC and has been sentenced to undergo life imprisonment and fine of Rs.2000/-, in default of payment of fine to undergo further S.I.for six months.

(2.) The prosecution case,in brief, is that on 27.04.97 an altercation happened between deceased Rajbahor and the appellant. On the next day, i.e.on 28.04.97, at about 6 am in the morning, the deceased along with one Rampal (PW.3) took his cattle for grazing near the Devi temple. When the deceased was drinking water from the hand-pump, the appellant attacked and assaulted the deceased with a knife due to which he sustained fatal injury on vital parts of his body and fell down. Rampal ran and called Lolar, Harihar, Deenbandhu and Ramnaresh, and they took the deceased to the police station. A report (Ex.P/3) to the effect was lodged by Rampal (PW.3), on the basis of which Marg (Ex.P/5) was recorded and the body of the deceased was sent for postmortem. Dr.S.P.Mishra (PW.7) who conducted the postmortem found following injuries:?

(3.) According to Dr. Mishra (PW.7), the cause of death was syncope and shock due to multiple injuries on neck and stomach which were fatal in nature. On queries the doctor has stated that the injuries could be caused by the seized weapon.