TIGGU @ RAMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is arising out of the Judgment dated 13.01.2010 passed by the Sessions Judge, Damoh in Sessions Trial No.207/2009, whereby the appellant has been convicted for an offence punishable under Section 302 of the IPC for commission of murder of deceased Bablu @ Govind and sentenced to imprisonment for life and fine of Rs.1000/-, in default of payment of fine, additional rigorous imprisonment for two months.

(2.) The story of the prosecution, in brief, is that complainant Hakam Singh (PW-8) was residing along with his family at village Dinari, District Damoh. On the date of incident i.e. 06.03.2009 at around 2:00 O'clock in the day time, he was sitting with his brother Shankar Singh (P.W.5) at his house. At that time, his nephew Rakesh (P.W.10) came shouting there and told that appellant/accused Tiggu was beating Bablu (deceased) and he had an apprehension that appellant would kill the deceased as he was having an axe. Thereafter, complainant Hakam Singh and Shanker Singh went towards the house of the accused and saw that the appellant/accused was armed with an axe and he assaulted the deceased on his face and the blood started oozing from his mouth. When they ran to rescue the deceased, then the appellant/accused ran away leaving the axe on the spot. The complainant took the deceased to the hospital at Damoh. The deceased died in the hospital during treatment. The complainant lodged the FIR as per Ex.P.8.

(3.) After completing the investigation, a charge-sheet was filed before the competent Court of law against the appellant. The trial Court framed charge under Section 302 of the IPC. In all 16 prosecution witnesses were examined and also 3 defence witnesses. After trial, the trial Court convicted and sentenced appellant Tiggu @ Rampal as stated above, against which the appellant has filed this appeal.