- (1.) This appeal by special leave has been preferred by the appellant questioning the correctness of a Judgment and Order dated 26th October, 2006 passed by a Division Bench of the High Court of Madhya Pradesh, Indore Bench, Indore in Criminal Appeal No. 12 of 2002 affirming a judgment of conviction and sentence dated 27th November, 2001 passed by the Additional Sessions Judge, Jhabua, in Sessions Trial Case No. 131 of 2001 convicting him for commission of an offence under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life as also pay fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for one year.
(2.) The deceased Ramchandra Patidar is related to the appellant. The deceased was playing cards on the platform of the shop belonging to Mahesh Kumar Makwana at about 9:15 p.m. on 10th March, 2001 with him and others. Electricity in the locality had gone off. A lamp was lit. Appellant allegedly arrived at the said Village Raipuriya, Tehsil Petlavad in the District of Jhabua with a sword in his hand. He dealt blows on the deceased. Ramchandra sustained serious injuries on his face, head and other parts of the body. He fell down on the ground whereafter appellant ran away. He was later on shifted to Primary Health Center, Raipuriya and from there to a hospital at Petlawad. He was eventually shifted and treated in Indore M.Y. Hospital where he breathed his last. The said village lies within the jurisdiction of Sanyogitaganj, Indore Police Station.
(3.) A First Information Report was lodged by Mahesh Kumar Makwana at about 10 p.m. on the same day.;