JUDGEMENT
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(1.)The appellant has filed this appeal against the judgment dated 05.08.1994 passed in S.T. No. 137 of 1992. The trial court held the appellant guilty for commission of offence punishable under Section 302 of IPC.
(2.)The prosecution story in brief is that on the date of the incident, i.e. on 28.5.1992 at around 11.00 in the night Lal Singh was sleeping in front of his house. At that time, Udal Singh was discussing about manufacturing of tiles. At that time he had heard the sound of his brother, Lal Singh to the effect that Takhat Singh had inflicted injuries on him by farsa. Thereafter, Udal Singh and Madhav Pratap reached there. They had seen that Takhat Singh after inflicting injuries was running towards the house of Kotwar. He was armed with Faras. Lal Singh fell down thereafter other persons reached on the spot. They had noticed various injuries on the person of body of the deceased. The report of the incident was lodged at the Police Station, Gaisabad. The Police conducted investigation and filed charge sheet. The appellant during trial abjured the guilt. The trial court after trial held the appellant guilty for commission of offence punishable under Section 302 of IPC.
(3.)Pw-1 deposed that at around 11 o'clock in the night he had heard the sound. Thereafter, I went on the spot and saw number of persons were there. Lal Singh was lying on the floor. I inquired from Lal Singh who had inflicted injuries on him. He told me that Takaht Singh had inflicted injuries on me. Thereafter, Sarpanch came on the spot and Police also came on the spot.
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