PHOOL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant, being aggrieved by the judgment dated 16.01.2007, passed by First Additional Judge to the Court of First Additional Sessions Judge, Jabalpur in S.T. No. 358/2006, whereby the appellant has been found guilty of the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to imprisonment for life and fine of Rs. 500/-, with a stipulation for one month's rigorous imprisonment in case of default.

(2.) The case of prosecution is that, on 24.07.2006, at about 6.00 P.M., accused Phool Singh committed the murder of Panchobai by assaulting her with sword.

(3.) According to the prosecution, Panchobai (deceased) and her husband Titru Goud lives with complainant Mattu Singh at village Karaghat. On 24.07.2006, at about 6 P.M., in the evening, Mattu Singh, had gone for some work at nearby village. While returning from nearby village, saw accused Phool Singh running away, carrying a sword. When he reached near the hand pump, he saw injured Panchobai lying, covered with blood. She had injury on her neck and hand. Panchobai succumbed to the injuries before she could be taken to the hospital. He was informed by Fagu Singh (P.W.-2) that Phool Singh had repeatedly assaulted Panchobai with a sword and run away.