BABOOLAL Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 31.01.2001 passed by learned First Additional Sessions Judge, Waraseoni in S.T. No. 230/2000 convicting the appellant under Section 302 of IPC and sentencing him to suffer rigorous imprisonment for life and fine of Rs. 1000/- in default payment of fine amount, additional rigorous imprisonment for one month, the appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) Undisputedly, deceased Chandanlal was brother of the appellant. Gulabi Bai (P.W.-1) is the wife of deceased and Sushila Bai (P.W.-4) is the sister of the deceased as well as of the appellant.

(3.) In nutshell, the prosecution story is that on 12.10.2000 at about 3.15 in the morning Gulabi Bai reported the matter that on the night dated 11.10.2000 at 9.00 p.m. when she was at her house with her children, her husband Chandanlal (deceased) came to house and complained that nobody was willing to give company to him even she was also not giving co-operation and company to him and he used filthy language against her. Gulabi Bai went out of the house where her husband Chandanlal also reached. At that time accused Baboolal came there and talked with the deceased Chandanlal and thereafter accused/Baboolal and Chandanlal (deceased) came back to his house. Gulabi Bai also came behind them at the house of Bastaram, Deceased Chandanlal asked something from accused Baboolal. Baboolal all of a sudden started beating him with lathi (stick) so Chandanlal fell on the ground. Gulabi Bai went out of the house cried and called the villagers and when she came back she saw her husband bleeding profusely. There were several injuries on his face, and he was dead. According to her, her husband was killed by (Dewar) accused/appellant with lathi. Gulabi Bai alongwith her neighbour Gyan Singh went to the police station, Lalbarra and reported the matter to the Police. Shri J.S. Siddu, Sub Inspection P.W-9 registered the crime of murder against accused Baboolal.