VIVEK RUSIA,J. - (1.)The aforesaid appeal has been filed against the judgment dated 24.9.2009 passed by Additional Sessions Judge, Sonkatchh, District Dewas in S.T. No.46/2009, whereby the appellant has been convicted and sentenced as under : Section & Act. Imprisonment Fine Amount Imprisonment in lieu of default of payment of the fine. U/s. 302 of IPC . R.I. for life 5,000/- Six months R.I.
(2.)As per prosecution story, on 20.12.2008, the complainant RamSingh (PW-1) complained the Police Station Bhaunrasa, District Dewas alleging that on 20.12.2008 at about 8.00 a.m., his son Gulab i.e. deceased was fencing the med on the western side of the field and he was on the other side (i.e. eastern side) of the field. At that time present appellant Parvat Singh S/O Siddu Singh came armed with an axe and said to Gulab that why he is not allowing him to lay the pipe from his field then said I would see you and all of a sudden he inflicted a blow by Axe on the backside of the head of Gulab, as a result of which Gulab fell on the ground thereafter he inflicted one more blow, then Ram Singh (PW-1) and one other person Shriram ran towards the spot and Parvat Singh swinging the Axe ran towards the village. Thereafter Shriram tried to make Gulab drink some water, however, he died on the spot itself and RamSingh went to lodge FIR. It was further narrated that Parbat sing appellant wanted to lay the pipe through the field of Shriram and as he was not allowing, hence, he has killed Gulab by inflicting axe blows. Based on above information a Merg was registered as No. 21/08 u/s 147 of Cr.P.C . (Exhibit-P/3) and FIR was also registered at Crime No.254/08 against the appellant for the offence punishable u/s 302 of I.P.C (Exhibit- D/3).
(3.)After lodging the FIR, the investigation was conducted by Vinod Singh Kushwaha ASI (PW-9). He recorded the crime investigation details in Naksha Panchayatnama at 8.00 am on 20/12/2008 vide (Exhibit-P/2). Photographs of the Gulab were also taken as (Exhibit-P/16 to Exhibit-P/20). He recovered the dead body and sent to post-mortem. He also collected the soil, bunch of hair & blood etc from the spot. The police prepared the spot map on 20.12.2008 (Exhibit-D/2) That vide letter dated 20.12.2008 dead body of Gulab was sent for post-mortem (Exhibit-P/10). Post-mortem of Gulab was done on was done by Dr Atul Pawnikar (PW-11) but no such post-mortem report is available in the Final Report. Vide letter dated 30.12.2008 a query report was sought from the doctor as to whether injuries on the head were homicidal? and whether these injuries were possible by the Axe?. The Appellant was arrested on 24/12/2008 (Exhibit- P/11). Dr Atul Pawnikar (PW-11) has opined that (i) injury to a dead person was grievous & danger to life and (ii) injury caused by a sharp object in my opinion (Exhibit-P/21).