NAVAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Sec. 374 (2) of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) arises out of the judgment of conviction dtd. 21/12/2009 passed by the Sessions Judge, Dindori in Session Trial No. 17/2009 convicting the appellant for the charge under Sec. 302 of the Indian Penal Code (hereinafter referred to as the IPC) and sentencing him to Imprisonment for life with fine of Rs.1000.00, in default, one year's further R.I.

(2.) The case of the prosecution, in brief, is that on 5/3/2009 at about 12:00 noon at Village Nighori Imli Tola when Ram Singh (since deceased), was passing through front of the house of the appellant, he asked him that why did he oust his father from the house. At that time, the sister of the appellant came there and said that Ram Singh owes Rs.10.00 towards her. When Ram Singh was giving Rs.10.00 to her, at that time the appellant assaulted him firstly by lathi and thereafter by an Axe, which was lying there, on his neck, as a result of which the neck of Ram Singh got almost detached from the body and it was clung with the skin only. Ram Singh died on the spot. Nameshwar (PW-1), who was residing in front of the house of the appellant witnessed the incident and informed to the Kotwar of the village. After reaching of the Police, Nameshwar (PW-1) lodged Dehati Nalisi on the spot. Panchanama of the dead body was prepared and other investigation was conducted by the Police. Thereafter, an offence was registered at Crime No. 30/2009 at P.S. Samnapur against the appellant. Dr. Manoj Singh (PW-8) conducted the autopsy and opined as per report Ex. P-9 that injuries were caused over the neck of the deceased by means of sharp cutting weapon, which were homicidal in nature and sufficient to cause death.

(3.) After completion of investigation, Challan was filed in the competent Court under Sec. 302 of the IPC against the appellant. Because the case was triable by the Court of Session, therefore, it was committed to the Session Court where charge under Sec. 302 of the IPC was framed against the appellant. The appellant abjured his guilt. In his defence it was stated that the mental condition of the appellant is not fit and he is a patient of epilepsy.