BISELAL Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17th of February, 1995 passed in Sessions Trial No. 429/93 by the First Additional Sessions Judge, Durg. By the impugned judgment, the appellant has been convicted u/ss 449 & 302 IPC and sentenced to undergo R.I. for 5 years and imprisonment for life with direction to run the sentences concurrently.

(2.) THE facts, briefly stated, are as under- Deceased- Shanti Bai was next door neighbour of appellant- Biselal. On 12.5.93 at about 4.00 p.m. Shanti Bai (deceased), her husband- Ganesh Singh (PW-1), daughter-Ku. Geeta (PW-2) and son- Guddu were present in their house. On account of some previous dispute, appellant-Biselal came there with a sword and threw the deceased on the floor, mounted himself on her chest and assaulted her by sword. The deceased received following injuries:-

(3.) ON the other hand, Mr. J.A. Lohani, learned Panel Lawyer appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.