JOR SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) This appeal has been filed by appellant Jor Singh son of Ramdas being aggrieved by judgment dated 12.11.1999 passed by the learned Sessions Judge, Bhind, in Sessions Trial No.188/98, whereby appellant has been convicted under Section 302 of IPC with life imprisonment and fine of Rs.5,000/- and in default of payment of fine, further six months RI.

(2.) As per prosecution story, there is history of frequent quarrels between the accused and the complainant party. On 25.6.98 mother of accused Jaisingh had lodged a report accusing deceased Kalle and Chakraveer, so also Chatursingh @ Bamboo, brother of accused Jorsingh, had lodged a report on 22.6.98 against deceased Kalle and Satyaveer. On 13.7.1998 when Kalle had gone to bring press used to iron clothes from the place of Punni Dhobi, it is alleged that close to the house of Majboot Ojha, appellant Jorsingh armed with an axe alongwith co-accused Jaysingh and Sarman came there and hit Kalle with axe on his head when Jaysingh and Sarman were exhorting that Kalle should not be permitted to escape. After making such assault, accused left the place when Chakraveersingh lodged a report (Ex.P/6) registering Crime No.24/1998 under Section 307 read with Section 34 of IPC at police Station, Nayagaon. Kalle was sent for medical examination. He sustained an incised wound measuring 6 cm x 2.5 cm x bone deep on left parietal region parallel to mid line. As per MLC (Ex.P/7) general condition of the patient was low. Patient was unconscious and was vomiting and doctor had advised for x-ray of skull. When doctor was asked as to whether patient was in a condition to give his statement, then RSO, Neurosurgery on 16.7.1998 vide Ex.P/8 reported that patient was not in a condition to give statement and thereafter on 7.8.1998 at about 11 am Kalle succumbed to such injury as is evident from Merg intimation Ex.P/9.

(3.) Initially FIR was lodged against three persons, namely Jorsingh, Jaysingh and Sarman Singh, and trial was also conducted against them, but learned Sessions Judge has acquitted two of the accused and has convicted present appellant.