ARJUN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed by the accused against the judgment and order dated 31-10-94 passed by A. S. J. Narsinghgarh in S. T. No. 149/93 whereby the appellant was convicted under Section 302 of the I. P. C. and sentenced to life imprisonment.

(2.) THE prosecution case, in brief, was that on 10-8-93 at 4 p. m. , in village Ganiyari the appellant was making fence by implanting thorny bushes in the field of the deceased Banshilal. The later came to the appellant and asked him not to put hedge there and uprooted 2-3 thorny bushes. On this, the appellant gave axe-blows to the deceased which fell on his head, as a result of which he fell down. Krishnabai (P. W. 1), the wife of the deceased, was working nearby in the field. Hearing cries, her son Raju (P. W. 4) and her brother-in-law Dolatram (P. W. 3) came there. Seeing them, the appellant ran away from the spot. Krishnabai and Dolatram took Banshilal to Police Station Narsinghgarh where Krishnabai lodged F. I. R. Ex. P-1 which was recorded by P. W. 10 S. S. Tomar, SHO P. S. Narsinghgarh. He sent Banshilal to Primary Health Centre, Narsinghgarh where Dr. Yogesh Tiwari (P. W. 6) examined him and found the following vide his report Ex. P-2 :

(3.) SHRI R. K. Trivedi, LC for the appellant, submitted that the learned Sessions Judge committed error in putting reliance on the testimony of Krishnabai, Dolatram and Raju as they were close relatives of the deceased. In alternative, he submitted that if it was held that the appellant caused injury to the deceased, then appellant could be convicted under Section 304-II I. P. C. and not under Section 302 I. P. C. . Shri Desai, learned G. A. supported the impugned judgment.