RAMSINGH ALIAS TUNGAN Vs. STATE OF MADHYA PRADESH
LAWS(CHH)-2010-8-12
HIGH COURT OF CHHATTISGARH
Decided on August 31,2010

RAMSINGH @ TUNGAN Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

VIRSA SINGH VS. STATE OF PUNJAB [REFERRED TO]
LAXMINATH VS. STATE OF CHHATTISGARH [REFERRED TO]


JUDGEMENT

- (1.)Appellant-Ramsingh stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life by the Additional Sessions Judge, Khairagarh, Camp Kawardha, in Sessions Trial No. , 43/91, on 26th of February, 1992.
(2.)The facts, briefly stated, are as under:
Deceased-Suna was resident of Village Chuwachaper. Appellant-Ramsingh is the brother of wife of the deceased from her maternal side. He is resident of a nearby village namely Datrari-tola. On 7-4-91 at about 4.00 p.m., the deceased went out from his house and reached to a nearby gali. The Appellant was also coming through the same gali. The Appellant was holding bow & arrow. The allegations are that the Appellant said to the deceased that today he will kill the deceased and thereafter he shot one arrow on the deceased which hit on his abdominal portion. The Appellant came to the deceased and tried to take out the arrow, but in the process the wooden portion detached from the iron portion and the iron portion could not be taken out from the body of the deceased. After sometime the deceased died. The incident was witnessed by three witnesses namely Itwari (P.W. 1), Parbati (P.W. 2 - wife of the deceased) and Sonibai (P.W. 9 - sister of the deceased). Itwari (P.W. 1) lodged the First Information Report (Exh. P-12). The Investigating Officer reached to the place of occurrence, gave notice (Exh. P-1) to the Panchas and prepared inquest (Exh. P-2) on the body of the deceased. The post-mortem examination was conducted by Dr. R.K. Bakshi (P.W. 13), who found that the liver of the deceased was damaged as there was an injury of 2 cm x 1 cm x 2 cm on the left lobe of the liver. Blood was found in the abdominal cavity. According to the post- mortem report (Exh. P-17), the cause of death was syncope as a result of injury to the liver causing haemorrhage.

(3.)The learned Sessions Judge relied on the testimonies of the above three eye-witnesses and recorded the conviction under Section 302, IPC and sentenced the Appellant as aforementioned.


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