- (1.)FEELING aggrieved by the judgment of conviction and order of sentence dated 2-2-1990 passed by the learned Sessions Judge, Sagar in Sessions Trial no. 298/88 convicting the appellant under Section 302, IPC and sentencing him to suffer life imprisonment, the appellant, has preferred this appeal under section 374 of the Criminal Procedure Code, 1973.
(2.)THREE persons, namely, Bissu @ Vishwanath, Munna @ Pramod kumar and Keshav Prasad were tried by the Trial Court, however, according to it, the prosecution was unable to prove the charges framed under Section 302 read with Section 109 of the IPC against the Munna @ Pramod Kumar and Keshav Prasad, eventually, they were acquitted, but, as the prosecution was able to prove the case under Section 302, IPC against the appellant, he has been convicted by the impugned judgment.
(3.)IN brief, the case of prosecution is that in the afternoon of 30-7-1988, Veer Singh (P. W. 1) was going to attend the Court case and for that purpose he was waiting for a bus at the bus stand. His cousin brother Mardan singh (hereinafter referred to as the 'deceased') was also waiting for a bus as he was also required to go to attend a Court case. At 12. 45 p. m. a bus came at the bus-stand and the deceased tried to board it from the rear side. At that time, accused/appellant, who was having a 'tabal' (a weapon like an axe) came and inflicted it on the head of the deceased, as a result of which he fell down. It was also the prosecution case that at the same time, acquitted co- accused munna and Keshav also arrived there having lathis in their hands and provoked the appellant to kill the deceased, as a result of which he (the appellant) inflicted two blows on the person of the deceased. The deceased wreathed for one or two minutes and thereafter he breathed his last. According to the prosecution, the accused and the deceased were inimically disposed towards each other, eventually, it led the accused to commit the crime of murder. Veer Singh, on the same day, lodged the First Information Report in the Police Station, Chhanbeela at 2 p. m. As the place of incident comes under the jurisdiction of Police Station, Baraitha, the FIR was sent to the said Police station, Baraitha, where the case was registered against the accused persons and in this manner, the criminal law set into motion.