DESHRAJ YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Deshraj Yadav stands convicted under Section 302, I.P.C., with sentence of imprisonment for life, vide impugned judgment dated 6-6-89 passed by Sessions Judge, Shahdol in S. T. No. 45/88.

(2.) The short facts of the case, essential for deciding this appeal, are that on the fateful night of 7-2-88, when Chandrapal (since deceased) and prosecution witnesses Babulal, Sangram, Jagatpal and Vidhya Prasad were playing cards in the compound of Dayal Orient Mail Speed Transport Services, Budhar Road, Shahdol, accused Deshraj Yadav came there and demanded Rs. 5/- from Chandrapal. On his refusal to pay the amount, during the course of altercation between them, accused Deshraj dealt one blow by means of a "gupti" on the back of Chandrapal. Injured Chandrapal succumbed to his sole injury the same day. Ramchandra, Manager of the above Transport company, lodged First Information Report at Police Kotwali, Shahdol giving rise to the registration of the case at Crime No. 70/88. After performing the necessary formalities of preparing inquest etc., body of Chandrapal was sent for post-mortem examination. The Autopsy Surgeon found one penetrating wound on his back as detailed in post-mortem report (Ex. P/1). During the course of investigation, accused Deshraj was arrested on 8-2-88 and in pursuance to the information given by him under section 27, of the Evidence Act, a knife was seized from his possession. After completing the investigation, Police Kotwali Shahdol charge-sheeted accused Deshraj Yadav for the alleged commission of the offence punishable under Section 302, of the I.P.C.

(3.) Accused Deshraj abjured his guilt and pleaded false implication to the charge framed by the trial Court under Section 302, I. P. C.