VARSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has preferred the present appeal being aggrieved by the judgment of conviction dated 7.7.2008 passed by Additional Sessions Judge, Jobat in Sessions Trial No. 132/2006 by which the appellant has been convicted for the offence punishable under section 302 of the IPC and sentenced to life imprisonment with fine of Rs. 300/- with further default stipulation.

(2.) Prosecution story in short is that on 21.4.2006 at about 10 p.m. when complainant Anu and his son were sleeping outside their house, tape recorder was playing in the house of accused/appellant Varsingh, who was residing in front of the house of the complainant and deceased Nankia s/o Sursingh and Madan were dancing to the tune of the tape recorder. At that time accused/appellant Varsingh came with a wooden stick and told Nankia that you were always demanding share of the land and today I would kill you. Then he gave 2-3 blows of wooden stick on the head of deceased Nankia due to which he fell down and succumbed to the injuries. After the incident the matter was reported to Police Station Bhabhra, district Jhabua and on the basis of the report, Police registered FIR bearing Crime No. 81/2006 for the commission of offence punishable under section 302 of the IPC. During investigation A.S.I. Narendra Singh Sengar (PW-10) visited the village Bhabhra and prepared Lash Panchnama of the deceased Nankia. Thereafter, the body of the deceased was sent for post-mortem. He prepared the spot map, took plain as well as blood stained soil from the spot and prepared seizure memo Ex.P-6. He recorded the statement of the witnesses, arrested the appellant/accused, recorded his memo under 27 of the Evidence Act and recovered the wooden stick which was used for the commission of the offence. After completion of the investigation, charge sheet Decision reproduced in toto. was filed before the JMFC, Jobat who committed the case to the Court of Sessions and ultimately it was transferred to A.S J, Jobat.

(3.) The appellant abjured his guilt and took a plea that he is innocent and was falsely implicated in the matter. In his defence he examined Ganubai @ Galubai (DW-1).