This appeal filed under Section 374(2) of the Criminal Procedure

Code (hereinafter referred as “Cr.P.C.”) assails the judgment passed in

Sessions Trial No.227/2012 by learned Second Additional Sessions

Judge, Gadarwara, District Narsinghpur whereby the appellant was held

guilty for committing offence under Section 302 of IPC and directed to

undergo life imprisonment with fine and with default stipulation.

2.

The prosecution story shows that Rambhola (PW-10) lodged a

Dehati Nalishi (Ex.P/11) on 20/05/2012 stating that he resides in village

Dhingasara. There was a quarrel between his father Kehar Singh and

accused persons Kamod and Lalsahab. The quarrel had taken place an

year ago relating to purchase of a cow. The accused persons abused his

father and had animosity with him.

3.

On 20/05/2012, he along with his father Kehar Singh was going

towards village Kheri in order to give some money to Ramnarayan

Paliya. His father was moving ahead and he was following his father by

keeping some distance. When his father reached in front of house of

Narbadiya Kalar, Bhaiyaji Gujar caught hold of his father, accused

Kamod Singh assaulted his father on his head by means of an iron rod.

His father fell down. Sahablal and Kamod again assaulted his father by

means of lathi and rod. Kamod said that Kehar Singh has died and

thereafter crushed the body of Kehar Singh by an auto rickshaw and fled

away. Rambhola (PW-10) had seen this incident and immediately

informed younger brother Bablu, Ramnarayan Paliya and Bhagwansingh

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Rajput. After getting help from said persons, he took his father to

Salichauka Hospital but Doctor declared him as dead. His father was

carrying Rs.80,000/- which were not found by the complainant.

4.

The investigation was conducted by Anil Ajmeriya (PW-14). The

dead body was send for autopsy. Lash Panchayatnama (Ex.P/15) was

prepared. Dr. S. K. Gupta (PW-5) conducted the post-mortem and

prepared the report Ex.P/8. As many as 10 injuries were found on the

person of deceased. The cause of death was shock and hemorrhage.

5.

Mr. P. L. Vasnik (PW-15) prepared Nazri Naksha (Ex.P/10). Plain

soil, blood stained soil and left leg’s shoe of deceased was recovered

through Ex.P/9. Case diary statement of Bablu, Manoj and Rambhola

were recorded. The incriminating material were send to Forensic

Science Laboratory (FSL). In turn, report of FSL (Ex.P/19) was

received.

6.

After completion of investigation, challan was filed. In due

course, after committal, the matter reached to the Sessions Court. The

accused persons abjured their guilt. Trial was conducted. In total, 15

prosecution witnesses entered the witness box whereas Ashok S/o

Chandan Singh’s (DW-1) testimony was recorded. The Court below

framed three issues for its determination. After recording the evidence

and hearing the parties, the impugned judgment dated 10/04/2015 has

been passed which is subject matter of challenge in this appeal.

Contention of Appellant :

7.

Shri Siddhant Kochar, learned counsel for the appellant submits

that as per the story of prosecution, three accused persons

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simultaneously assaulted Kehar Singh and he succumbed to the injuries.

The Court below acquitted the remaining two accused persons and held

the present appellant alone as guilty. This finding of Court below is

founded upon the testimony of son of deceased i.e. Rambhola (PW-10).

Rambhola is the solitary eye-witness against all the accused persons.

Considering the similar evidence, the other persons have been acquitted

and appellant alone has been held guilty.

8.

By placing reliance on AIR 1965 SC 277 (Ugar Ahir and Ors.

Vs. State of Bihar), (1975) 4 SCC 511 (Balaka Singh and Ors. Vs.

The State of Punjab), (1976) 1 SCC 20 (Bhagirath Vs. State of M.P.)

and (2019) 8 SCC 342 (R. Jayapal Vs. State of Tamil Nadu and Anr.),

it is urged that where it is not possible to separate the truth from

falsehood and sift grain and chaff, it is impermissible to pick up and

choose one accused person as guilty and ac