LAKSHMAN Vs. STATE OF M. P.

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by his conviction under Section 302 of IPC and sentence of life imprisonment with fine of Rs.1000/- with default clause recorded by Sessions Judge, Dewas vide judgment dated 12.05.2006 delivered in Sessions Trial no.114/2006.

(2.) It was the case of the prosecution that on 12.05.2006, at about 12:30 pm, two neighbours, deceased- Mukesh and appellant-Lakshman @ Girdhari embroiled in feud. Deceased was selling peanuts on hand cart while the appellant was a cobbler used to repair the shoes etc. At the time of the incident, the appellant picked up some peanuts from the cart of the deceased. The deceased objected for the same and asked for the price and took back them (peanuts) from the hands of the appellant and also abused him for doing the same thing several times since days. Annoyed by this, appellant picked up "Ekkal" (Cobbler's Last), a triangle tool commonly used to repair the shoes by the cobblers and hit it on the head of the deceased, who sustained multiple injuries on the head and succumbed. He was rushed to the hospital, where he was declared dead. The people present on the spot saw the incident. Brother of the deceased, who was also selling peanuts near him, intimated the police and lodged FIR No.506/2006 (Exhibit P/1). The police visited the spot and prepared spot map (Exhibit P/3), sent the body for post-mortem and obtained the post mortem report (Exhibit P/8). The police arrested the accused and on the basis of his disclosure statement recovered "Ekkal" from his possession which was later sent to the FSL, who confirmed presence of human blood. The police also recorded statements of witnesses and after completing investigation, filed charge sheet before the trial Court.

(3.) After trial, the trial Court found the appellant guilty for the offence punishable under Section 302 of IPC and punished him for the said offence as stated above.