TRILOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 28.10.2006 passed in Sessions Trial No.57/2006 by Sessions Judge, West Nimar, Mandleshwar, whereby the learned Trial Court has convicted the appellant under section 302 and 323 of the IPC and awarded Life Imprisonment and one year RI respectively.

(2.) The prosecution case in brief is that on 18.02.2006 at about 02:30 in the afternoon, the appellant assaulted his uncle Hiralal on some dispute of money transaction. He beat him by stick repeatedly till his death. Complainant Dinesh, who was passing through the place, intervened and tried to rescue him but in vain. In his attempt to save him, he also sustained injuries on his face. Even after attempts made by the complainant, the appellant continuously gave blows of stick on the deceased, resulting in his death. The complainant reported the matter to the police and lodged FIR (Ex.P/1). The police visited the spot, prepared memo of corpse (Ex.P/3), sketched spot map (Ex.P/11), seized plain and blood stained soil, send dead body for post mortem vide requisition Ex.P/12 and obtained post mortem report (Ex.P/18). Dr. KK Kansotiya PW/13 performed autopsy and found 9 injuries on different parts of the body and opined that cumulative effect of these injuries caused the death and the death was homicidal in nature. Complainant was also medically examined and simple injuries were found on his body (Ex.P/20). The police arrested the accused, recovered stick from his possession and raised a query with the Doctor as to whether the injury of the deceased may be caused by this stick, which replied by the Doctor positive. Articles seized during the investigation were sent to the FSL. The FSL report is Ex.P/17. The police also recorded statements of the witnesses under section 161 of the Cr.P.C and after completing the investigation, filed charge sheet.

(3.) Accused/Appellant was charged, tried, convicted and sentenced as stated above.