MOHAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374 of Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 12/08/1997 passed by Additional Sessions Judge, Ganj Basoda in Sessions Trial No. 18/95; whereby, held the present appellantaccused guilty for the offence punishable under Section 302 of IPC and sentenced him to imprisonment for life.

(2.) Briefly stated facts of the case are that on 19/9/1994 at about 5.30 pm in village Tyonda, when deceased Gaya Prasad demanded Rs. 100/- from the appellant-accused which he has lent him, some altercation took place between them and after some time when some witnesses tried to intercept in the matter, it is alleged that appellant-accused has thrown a stone on Gaya Prasad which hit the abdomen of deceased and resulted into his death. Report of the offence was lodged by Chironjilal (PW/2) at Crime No. 96/94 at police station Tyonda, District Vidisha (M.P.).

(3.) Learned trial Court after framing the charge for the offence punishable under Section 302 of IPC, held the appellant-accused guilty for the same vide its impugned judgment and sentenced him as stated hereinabove.