BHIL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has filed this appeal against the Judgment of conviction delivered on 14th March, 1996 rendered in ST No. 666/95 by learned 1st Additional Sessions Judge, Alirajpur, Whereby he convicted the appellant for the offence under Section 302, IPC and sentenced him rigorous imprisonment for life.

(2.) THE prosecution case Mul Tum in Purbo is that on 14th February, 1995, in village Bawadi falia, daughter of one Vesta had died. The villagers, along with deceased Raisingh, appellant Bhilsingh, witnesses Raqsingh, Amarsingh went to cremation ground for performing her funeral. Deceased Raisingh was the brother of Amarsingh (P. W. 3 ). When they were returning after performing the funeral, they had also consumed some liquor and thereafter, on account of some previous enmity, dispute arose between the appellant and deceased Raisingh. Appellant dealt two axe blows, one on the left parietal region and second on the left shoulder to Raisingh. The deceased Raisingh while crying, fell on the ground having falia in his hand (sharp edged weapon having one blunt edge ). Thereafter the appellant picked up falia and also caused injuries to deceased Raisingh on his neck and fled away from the scene of occurrence. The incident was witnessed by so many persons. The First Information Report was lodged by Raqsingh (P. W. 2), on the information given to him by eye witness Amarsingh brother of the deceased. First Information Report was recorded by Jiledarsingh Yadav (PW. 9) ASI. After preparation of inquest, dead body was sent for Post Mortem Examination. An autopsy was conducted by Dr. M. L. Dangi (P. W. 1), who found four incised injuries on the person of the deceased. Post Mortem Report is Ex. P-2. On the same day, the appellant also got medically examined by Dr. M. L. Dangi (P. W. 1), who found as many as three injuries on his person, two lacerated wounds on the head and one abrasion on the nose, MLC Report is Ex. P-3.

(3.) AFTER usual investigation, chargesheet was filed for the aforesaid offence against the appellant. The appellant abjured his guilt. According to the suggestion given to the eye witness Amarsingh (P. W. 3), the appellant acted in the right of self defence of his person. Learned Trial Court, after examining the prosecution witnesses convicted the appellant and sentenced him as indicated above.