ANGAD SINGH LODHI Vs. STATE OF M P

JUDGEMENT

(1.) The instant appeal has been preferred against order of conviction and sentence, dated 25-7-2008 passed by learned II Additional Sessions Judge, Damoh, in S.T. No.01/2006 [State of M.P. vs. Angad Singh Lodhi] whereby the accused-appellant has been convicted and sentenced as under: Conviction Sentence Under Section 302 of the IPC. Imprisonment for life and fine of Rs.500/-, in default of payment of fine amount, to suffer further rigorous imprisonment for six months.

(2.) The prosecution case, briefly stated is that the accusedappellant is alleged to have caused murder of one Jawahar Singh by means of a 'ballam' (spear) . An FIR to that effect was lodged at the Police Station, Batiagarh, District Sagar, by the deceased himself, vide Ex.P/24 in respect of the offence punishable under Section 307 of the Indian Penal Code (for brevity 'the IPC'). After registering the FIR statements of Jawahar Singh, Ram Singh and eye witnesses Gabbar Singh, Mitthu Singh, Dhan Singh and Puran Singh were recorded by the Station House Officer Shri D.N. Raj (PW-21).

(3.) On the next day, i.e. 6-11-2005 statements of other prosecution witnesses, namely, Madan Singh, Karia alias Mulayam Singh and Nanhe Bhai were also recorded by the Station House Officer. He went to the spot and carried out spot inspection. He seized blood stained soil and earth from the spot, vide Ex.P/12 in presence of seizure witnesses. Articles pertaining to the victim Jawahar Singh were also seized vide Ex.P/11. On memorandum of the accused-appellant, the weapon (ballam) used for commission of the alleged offence was seized from the loft of the house of the accused on 11-11-2005. Seizure memo (Ex.P/4) which is duly signed by the accused-appellant was prepared in presence of the witnesses vide Ex.P/5. The articles so seized were sent for forensic examination to the Forensic Science Laboratory, vide Ex.P/15 and the FSL report, Ex.P/24 was received. 2