UDAYPAL SINGH GOND Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant Udaypal Singh Gond being aggrieved by the judgment dated 22. 6. 1994 passed by learned First additional Sessions Judge, Sidhi in Sessions Trial No. 85/1992 convicting the appellant under Section 302 I. P. C for committing murder of Dasmatia, sentencing him to undergo life imprisonment and pay fine of Rs. 1000/- in default of payment of fine to undergo R. I. for six months and convicting him under Section 324 I. P. C for causing injury to Bitti alias bhagwanti sentencing him to undergo R. I for three years and pay fine of Rs. 500/- in default of payment of fine to undergo R. I for three months has filed this appeal.

(2.) THE prosecution case in short is that on 8. 8. 1992 Bittu alias Bhagwanti and the younger son of deceased Dasmatia after taking food were going to bed and when Dasmatia, the deceased, was to take her food, accused Udaypal Singh, a distant brother, came to the house of Dasmatia, she offered him food and prepared bed for him and, thereafter Dasmatia and her children went to sleep in a small room. According to the prosecution the accused entered in the room gave 3-4 blows by means of 'farsi' (Balua) to the deceased, Bitti alias bhagwanti saw the accused causing injuries to her mother, when Bitti started weeping the accused brought out a 'tangi' (Axe) and caused certain injuries to said Bitti by means of the said Axe. In the morning the incident was reported to Daddi singh, maternal uncle of Bitti, the said Daddi Singh and number of the persons came to the spot and found that dasmatia was lying dead. The matter was reported to police at about 8. 00 a. m. On 9. 8. 1992, the police immediately came into action, came to the spot summoned the witnesses, prepared the spot map, prepared the panchanama of the dead body, seized plain and stained earth, a blouse, pillow etc. which were stained with blood. The body was sent for postmortem, the doctor submitted his report. After receiving the report the police arrested Udaypal Singh who gave his statement in presence of the witnesses and at his instance farsi/tangi were recovered. The torch and the looted amount were also recovered, the shirt which was on the body of the accused was also seized as it was anticipated that it was stained with blood. On completion of the investigation the charge sheet was filed.

(3.) THE accused abjured the guilt, therefore, was put to trial and on conclusion of the trial was convicted and sentenced as referred to above.