LAWS(MPH)-2009-2-25

JAGDINS BHUWANSING BHILALA Vs. STATE OF MADHYA PRADESH

Decided On February 09, 2009
JAGDINS BHUWANSING BHILALA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment and order dated 23-7-99 passed in S. T. NO. 115/ 1999 by learned II Addl. Sessions Judge, khargone whereby convicted the appellant under S. 302 of the I. P. C. sentenced to undergo R. I. for life with fine of Rs. 250/-, in default whereof to' undergo further S. I. of three months.

(2.) ACCORDING to the prosecution case, on 6-1-1999 in the evening at 5. 00 p. m. deceased Dhansingh came down inside the well situated in his field for the purposes of cleaning the foot valve of irrigation pipe, at that moment appellant threw heavy stones which hit on his head and deceased dhansingh fell in the water. The depth of wate in the well was not more than 4-5 feet. Appellant threw some more heavy and small stones, hitting the person of the deceased. The incident was witnessed by son of the deceased who was standing in the field situated nearby and doing irrigation work. He raised alarm and also ran towards his house and disclosed about the incident to sister jheena and other witnesses. They all reached on the well and extricated the deceased on a cot. He was put in the vehicle for taking to hospital but died. The FIR was lodged by the appellant himself in the police station on the same day at 9. 30 p. m. The police reached on the spot and prepared inquest (Ex. P. 1) and spot map (Ex. P. 2 ). On disclosure statement made by the appellant, in total seven stones were seized. Dead body was sent for postmortem examination which was conducted by Dr. V. K. Sharma (PW 5 ). Postmortem report is Ex. P. 9. On completion of investigation charge sheet was filed against the appellant.

(3.) THE appellant refuted the charges, therefore, put to trial. He has not examined any witness in defence. Learned trial Court, finding the appellant guilty, convicted and sentenced him as shown hereinabove.