KEDAR Vs. STATE OF MP

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 16th of August, 2000 passed by the learned Fourth Additional Sessions Judge, Gwalior in Sessions Trial No.282/89, convicting the appellant under section 302 of IPC and thereby sentencing him to suffer life imprisonment and fine of Rs.2000/- , in default further RI of six years, the appellant has knocked the doors of this Court by filing this appeal under section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that, on 27/6/1988 at 10.00 A.M., complainant Damodar was going to his field. On the way, his nephew Lakhan ( herein after, referred to as the ''deceased'') was sitting on a Chabutra ( platform ) of one Pragi Kaurav, which is in front of the shop of Sunnu barber. At that juncture, appellant by carrying a gun, on seeing the complainant Damodar, hid himself behind the Neem tree, and thereafter in order to kill the deceased fired the gun shot. According to the prosecution, the fire struck the neck region of the deceased, as a result of which, he fell from the Chabutra (platform). On seeing the incident, the complainant started shouting and rushed towards the accused to catch him. On hearing the shriek of the complainant, Sultan also arrived there, but the appellant anyhow managed to escape. At that juncture, wife of the deceased namely Kusuma Bai, brother Ramkishore and other inhabitants of the village namely Mansingh, Hardayal and Kallu also arrived at the spot.

(3.) It is further the case of the prosecution that there was some enmity between the deceased and the appellant on account of some case, as it is said that at the instance of the appellant a motor pump of the deceased was seized.