KODU SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appeal is of the year 1995. Since no one is appeared on behalf of the appellant, Shri Abhishek Tiwari, Advocate, is appointed as amicus-curie to assist the Court. With the assistance of Shri Abhishek Tiwari, Advocate appeal is heard finally.

(2.) Appellant has filed this appeal against the judgment dated 28/12/1994 passed in Sessions Trial No. 128/9 The trial court held appellant guilty for commission of offence punishable under Sections 302 of IPC and awarded sentence for life.

(3.) Prosecution story in brief is that land of Khasra No. 119, 120 and 4 is registered as Government land. Accused persons were in possession on some parts of the land. On the date of incident, accused persons have been digging soil from the land and they were making boundaries. Bisahu objected about the aforesaid act. There was quarrel on the aforesaid act between the parties and accused persons had inflicted injuries to the deceased and other persons. The allegation against the present appellant is that he had inflicted a blow by Sabari on the head of the deceased due to which the deceased was died. Other persons have also received injuries. Defence witness was also examined before the trial court, she deposed that present appellant Kodu also received injuries. The police conducted investigation and filed charge-sheet. Accused persons abjured their guilt during trial and pleaded innocence. Total four persons were tried. Present appellant has been convicted by the trial court for commission of offence punishable under Section 302 of IPC and awarded sentence of life.