SIKLA Vs. STATE OF M P

JUDGEMENT

(1.) THIS Criminal Appeal has been filed by appellant against the judgment dated 28th Nov. 1994 passed by the Sessions Judge West Nimar, Barwani in ST No. 149/91 thereby convicting the appellant for the * offence under section 302 IPC and sentencing to imprisonment for life and fine of Rs. 500/ - I.D. of fine further RI for 3 months.

(2.) IN brief, the prosecution case before the trial Court was that on 8.3.1991 deceased Nata was returning from village Chhav to his village Gudi. He was accompanied by Bhayla (PW 4), Dhania (PW 5), Bhaisingh (PW 6), and appellant Sikla. When they all reached near rivulet of village Limba, appellant passed comments on him that he was elder brother of village Patel and an important person of the village but still he could be done to death at any time. During such talks, appellant Sikla dealt an axe blow from its sharp side which hit the head of the deceased. Deceased fell on the ground. Immediately he was taken to the Police Station in a jeep by the witnesses where he lodged FIR Ex. P -4. Thereafter, he was shifted to Primary Health Centre, Pati. He was medically examined by Dr. Kailashchandra Dewda (PW 13), his report is Ex. P -5. Dying declaration is Ex. P -6. Thereafter, he was shifted to Barwani hospital where on x -ray examination Dr. Kailash Malviya (PW 1) found fracture on his head. Deceased remained hospitalized from 8.3.1991 to 28.3.1991. He died on 28.3.1991 in the hospital.

(3.) AFTER usual investigation, charge sheet was filed. The defence of the appellant was one of denial. He was put to trial and convicted and sentenced as indicated above.