SANJU BAIGA @ VINAYLAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellant/Accused has filed this appeal under Section 374(2) of Cr.P.C. against the judgment dated 26.02.2008 passed by Third Additional Sessions Judge (Fast Track Court), Umaria in Sessions Trial No.250/06 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo for life imprisonment and fine of Rs.1000/-, with default stipulation.

(2.) In brief the prosecution case is that on 15.06.2006 at about 9 to 10 pm at village Arjuni, Police Station Pali, Aasharam Baiga (PW4) and his wife Babby Bai (PW-3) (neighbours of appellant) were shouting that appellant killed Shyamdeen. On listening of their voice, Jatilal Baiga (PW-1) reached to the house of the appellant. He saw the appellant assaulting Shyamdeen in his own courtyard. Thereafter, appellant fled away from the spot. Jatilal and others found injuries on the neck of Shyamdeen. He died on the next day morning. FIR has been lodged by Jatilal (PW-1) at Police Station Pali. Then, crime was registered under Section 302 of IPC against the appellant. After completion of investigation, charge-sheet was filed before the concerned Court.

(3.) Learned trial Court relied on the testimony of Jatilal (PW-1) and other witnesses Aasharam Baiga (PW-4) and Babby Bai (PW-3). The Court further relied on the medical evidence of Dr. S.K. Namdeo (PW-7). Dr. Namdeo found trachea and artery in cut condition. Injuries are homicidal and ante-mortem in nature and caused by sharp edged object. Hence, the trial Court has held the appellant guilty for committing murder of the deceased, hence, convicted and sentenced him as mentioned above.