VINOD KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has filed by the appellant from the jail challenging the judgment of conviction and order of sentence dated 01.01.2008 passed in Session Trial No. 155/2003 by the Additional Sessions Judge Gadarwara, District Narsingpur, thereby convicting appellant for the offence under Section 302 of I.P.C. and sentencing him to suffer life imprisonment along with fine of Rs. 1,000/-. It has further been directed that in case of default of payment, the appellant also suffer further imprisonment for a period of six months.

(2.) According to prosecution story, appellant/ accused is the nephew of complainant Ram Ji. It is alleged that on 19.05.2003 at 3 o'clock in the night due to family land dispute, when Munni Bai went to bind the buffalo, the appellant who was already hiding with bad intention at the spot gave axe blows on the person of deceased-Munni Bai. On hearing shriek of Munni Bai complainant-Ram Ji came on the spot and saw that appellant was having axe and deceased was lying on the earth, blood was oozing. It is also alleged that appellant threatened to complainant-Ram Ji and deceased that if the matter was reported to any one, then he will kill complainant also on hearing hue and cry, Ram Prasad Dubey came at the spot and ran to rescue them, on this appellant told him that if he will intervene in the matter, he will face the consequence and thereafter appellant fled away from the spot. At 5-6 o'clock Ram Prasad Dubey alongwith other villagers brought the deceased at hospital and during treatment at Government Hospital Narsingpur deceased succumbed.

(3.) The matter was reported at police station, Kareli, where FIR was registered at crime No. 283/2003 and the matter was taken into investigation. During investigation, police prepared spot map, panchnama and sent the body of the deceased for postmortem, recorded the statement of the witness under Section 161 of Cr.P.C., seized blood stained earth from the spot, seized the apparel of the deceased and at the instance of the appellant an iron axe was seized, arrested the accused and prepared arrest memo.