JADURAM Vs. STATE OF M.P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th of June, 1996 passed in Session Trial No. 66/90 by the Second Additional Session Judge, Bastar at Jagdalpur. By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- with default sentence of R.I. for 2 months. The facts, briefly stated, are as under :-

(2.) There was no eye-witness to the incident and the case of the prosecution was based on circumstantial evidence. Following are the circumstances, on which, the prosecution relied :-

(3.) The appellant took the plea of right of private defence. It was contended that the deceased entered into his house with spear and was blowing the spear, therefore, the appellant assaulted him exercising right of private defence.