ANAND PATHAK, J. - (1.)Jail appeal Cr.A. No.56/2010 is being preferred by the appellant-Ganeshram through Jailer under section 374 of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 17-08-2009 passed by learned Additional Sessions Judge, Shivpuri District Shivpuri in S.T.No.262/2008 whereby trial was conducted under Sections 148 and 302 of IPC alternatively Section 302/149 of IPC wherein the appellant-Ganeshram was convicted for the offence under Section 302 of IPC and punished for suffering jail sentence of life imprisonment with fine of Rs. 1,000/-.
(2.)Precisely stated facts, as per the case of prosecution, for adjudication are that on 30-06-2008 Kalla (since deceased) was having meal in his house, situate at Village Gagoni, when appellant Ganeshram came and asked deceased Kalla to come with him. On his call, deceased went with the appellant Ganeshram towards river. On suspicion, brother and father (respectively) of deceased, namely, Virendra (PW-1) and Sibua (PW-2) went behind them and saw that Munna alias Narendra Singh, Lakhan Singh, Suresh Singh , Surendra Singh and Mukesh Singh were present there and talking to the deceased Kalla in high tone and were wielding arms. After some altercation, appellant who was armed with axe caused blow of axe over the head of Kalla due to which he fell down. Thereafter, all the accused persons started beating deceased with their respective weapons and caused death of Kalla. When Sibua (PW-2) and Virendra (PW-1) went near the deceased Kalla, all the accused persons ran away from the spot leaving Kalla unconscious. Kalla was immediately hospitalized where during treatment he succumbed to the injuries. Statements were recorded, case was registered and spot map was prepared. The accused was arrested and axe was seized, meanwhile Kalla succumbed to injuries and died in hospital. Post mortem was done, clothes of deceased were seized and Panchnama of dead body was made. On chemical examination, human blood was found over axe and statement of witnesses were taken and after investigation, charge-sheet was filed.
(3.)After filing of charge-sheet, case was committed to the Court of Session. The appellant/accused abjured his guilt. The trial was conducted. On behalf of prosecution, 12 witnesses were examined and on behalf of defence one witness was examined. Trial Court after considering the evidence convicted the appellant as referred above, therefore, this appeal.