The appellant was arrested on 26.7.1983 and while in custody, he made a disclosure statement under Section 27 of the Evidence Act, leading to the recovery of a pharsa from the roof of the upper story of his house.
The Doctor found an incised wound on the right parietal region with fracture of the same and damage to the brain.
The trial companyrt on appreciation of the evidence found that the appellant had caused the injury with the pharsa on the head of the deceased when he prevented the appellant from grazing his cattle in the field of Purshottam, PW 1.
An altercation ensued between the deceased and the accused.
On 24.7.1983 at about 1.00 p.m. while the deceased and other labourers were ploughing the field belonging to PW 1, the appellant came there for grazing his cattle.
According to the prosecution case, the deceased along with PW 2 Purshottam and PW 6 Badda, were working as agricultural labourers on the field of Purshottam Sharma, PW 1.
The Investigating Officer, Shri Prakash Chand Sonkar, PW 9, after registration of the FIR, came to the place of occurrence and after preparing the inquest report, sent the dead body of Krishna Kumar for post mortem examination to the District Hospital, Narsinghpur, where the autopsy was performed by Dr. M.R. Khan, PW 10.
Thereafter, the appellant dealt a pharsa blow on the head of Krishna Kumar.
The trial companyrt also found that the medical evidence provided by Dr. Khan, PW 10 lent companyroboration to their occular testimony.
P.C., the trial companyrt vide judgment dated 3.8.1984 came to the companyclusion that the evidence given by PW 2 Purshottam Mehra and PW 6 Badda, the two eye witnesses of the occurrence, was companyent, trustworthy and reliable.
The appellant, however, did number pay any heed to their request and insisted that he would graze the cattle in that field only.
The First Information Report was lodged by PW 1 Purshottam Sharma at police station Narsinghpur at about 3.00 p.m. on the same day.
After recording the evidence on behalf of the prosecution and examining the appellant under Section 313 Cr.
with him for the Respondents O R D E R The following Order of the Court was delivered Mahesh V. State of Madhya Pradesh O R D E R The appellants was tried for an offence under Section 302 IPC for the murder of Krishna Kumar on 24.7.1983.
On receipt of the blow, Krishna Kumar fell down on the ground and died instantaneously.
PW 2 and PW 6 rushed to inform Shri Sharma, PW 1, who arrived at the spot.
Prashant Kumar and Uma Nath Singh, Advs.
The evidence of these eye witnesses companypled with the recovery of pharsa and the medical evidence given by Dr. Khan, PW 10, un mistakably companynects the appellant with the companynects the appellant with the crime, i.e., the assault on the deceased which resulted in his death.
and Ashok Kumar Gupta, Adv.
On special leave being granted, the appellant is before us.
As the cattle entered the field of Purshottam Sharma, PW 1, where the crop of Soyabean was standing, the deceased and PW 2 told him to take his cattle away and number let his cattle damage the crop.
with him for the appellant N.Bachawat, Sr.
The appellant was sent up for trial.
The pharsa was found to be blood stained and according to the chemical examiner and the serologist, the blood found thereon was of human origin.
In the opinion of the Doctor, the death of Krishna Kumar was caused as a result of that injury and the injury was found to be sufficient in the ordinary companyrse of nature to cause death.
