TRINATH PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal under Section 374(2) of the Code of Criminal Procedure the accused/Appellant has questioned the legality and correctness of the impugned judgment dated 10th August 1996 passed by Additional Sessions Judge, Jagdalpur, Bastar in S.T. No. 144/96 whereby the learned Additional Sessions Judge after holding the accused/Appellant guilty for commission of the offence under Section 302 of the Indian Penal Code sentenced him to undergo imprisonment for life.

(2.) CASE of the prosecution, in brief, is that PW-4 Pannulal lodged the First information Report P-4 on 5.3.1996 at about 15.10 hours in the Police Station Bodhghat to the effect that on that date he was siting in front of his house he heard the screams "save, save" on which he came out and saw that there was altercation between accused Trinath Pandey and Jabbar. Accused Trinath attacked Jabbar with axe on his head as a result of which Jabbar fell down and started raising cries "save, save". Thereafter, Trinath again assaulted on the head of Jabbar with axe. He rushed toward that side to save Jabaar but Trinath ran away and he saw that Jabbar was lying dead in the verandah. Blood was oozing out of the head. Receiving this report Station House Officer registered the crime No. 117/96 for the offence under Section 302 of the IPC, left for the scene of occurrence and prepared the Panchanama P-7 of the dead body of Jabbar after giving notice to the Panchas. He took into possession the weapon of offenceaxe from the accused Trinath under P-5. He also took into pbssession the bloodstained soil and plain soil from the place of occurrence under P-6. Dead body of Jabbar was sent for postmortem examination to Maharani Hospital, Jagdalpur under P-9 where Dr. K. Vinay Kumar conducted postmortem on the body of Jabbar and prepared the postmortem report P-9. After completion of the investigation charge sheet was filed against the accused/Appellant in the Court of Chief Judicial Magistrate, Jagdalpur who in turn committed the case to the Sessions Judge, Jagdalpur from where learned Additional Sessions Judge, received the case on transfer for trial.

(3.) WE have heard Smt. Kiran Jain, learned Counsel appearing on behalf of the accused/Appellant and Shri U.N.S.Deo, Govt. Advocate with Shri Akhil Mishra, Panel Lawyer on behalf of the State.