SATYENDRA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17-2-1995 passed by 2nd Additional Session Judge, Ambikapur in Session Trial No.216/1992. By the impugned judgment, appellant Satyendra Prasad has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in brief, is as under:

(3.) Shri Abhay Tiwari, learned counsel for the appellant argued that the evidence of Devanti Devi (PW- 2) and Sarita Kumari (PW-3) are not reliable. They are highly interested witnesses. There are many contradictions and omissions in the evidence of these witnesses. There are material contradictions in medical evidence and ocular evidence. The prosecution has not examined any independent witness. He further argued that the appellant was provoked by the deceased. The appellant also sustained injuries. There was severe exchange of abuse between the appellant and the deceased. The appellant would not be punishable under Section 302 of the Indian Penal Code. Even after admitting the entire case, he would be liable for punishment under Section 304 of the Indian Penal Code.