CHAMHARULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is arising out of the Judgment dated 30.9.2003 passed by the First Additional Sessions Judge, Balaghat in Sessions Trial No.54/2003, whereby the appellant has been convicted for offence punishable under Section 302 of the IPC for commission of murder of deceased Holudas Bairagi and sentenced to imprisonment for life and fine of Rs.500/-; in default of payment of fine, additional rigorous imprisonment for one year.

(2.) The story of the prosecution, in brief, is that on 24.1.2003 at around 4.00 O'clock in the evening, complainant Lakhandas (P.W.7) was returning from his field to his house on foot. One Prabhakar (P.W.5) was behind him and his father Holudas (deceased) was going on a bicycle keeping straw/chaff on the bicycle. When the deceased Holudas reached near the field of Rampal Bisen, appellant/accused Chamharulal caught hold of his bicycle and abused him telling that why the deceased used to chase away his hens from his house and started scuffling with the deceased, on which, the deceased fell down from the bicycle. At that time, the accused assaulted the deceased with a Barchhi on his chest. The complainant and Prabhakar Bisen ran to save the deceased, but the accused ran away in the field. The deceased died on the spot. The complainant reported the incident at Police Station Hata, on which Marg No.1/2003 under Section 174 of the Cr.P.C. and First Information Report (Ex.P.13) were registered vide Crime No.13/2003 for offence under Section 302 of the IPC. As per statement of disclosure (Ex.P.8) made by the accused/appellant under Section 27 of the Evidence Act, weapon Barchhi has been seized as per seizure memo (Ex.P.10). Seized articles were sent to FSL, Sagar. As per FSL examination (Ex.P15), human blood was found on the weapon Barchhi and clothes of the accused.

(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 nine prosecution witnesses were examined. After trial, the trial Court convicted and sentenced appellant Chamharulal as stated above, against which the appellant has filed this appeal.