RAMHIT Vs. STATE OF MP

JUDGEMENT

(1.) This appeal has been filed by the appellant against his conviction for an offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as "the IPC") by judgment dated 17-11-2000 passed by the Additional Sessions Judge, Maihar, District Satna in Sessions Trial No. 29 of 1995 and the consequent sentence of imprisonment for life and a fine of Rs. 2,000/- and in default, R.I. for two years.

(2.) The prosecution case against the accused/appellant Ramhit is that he and his father Dadoli were harvesting their crops in the afternoon of 13-11 -94 in Village Kalla when the deceased Lallu broke their hedge for making a passage for their bullock cart which led to an altercation between the appellant Ramhit, his father Dadoli and the deceased Lallu. On hearing the altercation villagers, specifically, Ram Sumiran (P.W. 4) and Rambali (P.W. 5) and others reached the spot and stopped the parties from fighting. Thereafter, while the deceased Lallu and his brother Makholi (P.W. 3) were going to their house which was only at a short distance on way, the accused/appellant ran to his house, brought a spear (Ballam) and struck a single blow in front lower neck of the deceased Lallu which cut through his wind pipe and heart resulting in his death.

(3.) The Trial Court on examining the oral and documentary evidence on record has held the appellant guilty of an offence punishable under Section 302 of the IPC but has acquitted his father Dadoli. Being aggrieved by his conviction under Section 302 of the IPC the appellant has filed the present appeal.