(1.) The appellant has preferred this appeal against his conviction awarded by Special Judge, District Dhar vide judgment dated 24.12.2010 delivered in Sessions Trial No.138/2010 whereby the learned trial Court has held the appellant guilty for the offence under Section 302 of IPC and sentenced him for life imprisonment.
(2.) Prosecution case in brief is that on 06.09.2010, at about 4:00 in the evening, the complainant Munna alongwith his wife Naktibai were manuring in their filed of chilly. The deceased Walsingh crossed them and as he reached opposite to the house of Singla (the appellant), he came out stating that as to why is not allowing his wife to come to his house, he picked up a stone and threw on his head. He sustained injury on skull and fell down. Singla again threw a stone and caused injury on his head. Blood started oozing out and Singla ran away from the spot. Munna informed some Nagda, Somjya and Malsing about the incident and reported the matter to the police station Silawad which was registered at Crime No.131/10. The police visited on the spot, prepared Punchnama Lash, sent the body for post-mortem with requisitioned, recorded statements of the witnesses, prepared spot map, arrested the accused, seized blood stained and plain soil and after usual investigation, filed charge-sheet.
(3.) The accused was charged, tried and convicted for the offence under Section 302 of IPC and awarded sentence as stated in para no.1, above.