KARAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure 1973 preferred by the appellant/accused is directed against a Judgment dated 29 th October 09 delivered in Sessions Trial No. 174/09 by the Additional Sessions Judge, Mungaoli, district Ashoknagar (M.P.), convicting thereby the accused/appellant for commission of offence punishable under Section 302 of I.P.C. and sentencing him to suffer imprisonment for life with a fine of Rs.1,000/- and in default to suffer one year's additional rigorous imprisonment.

(2.) The facts, necessary for the decision of this case are that one month's prior to the date of incident, the marriage of the daughter of the deceased was to be settled with the brother of accused but due to some reasons, same was not possible and ultimately was settled with Lallu. It is alleged that on 17 th February 09 at about 8 p.m., in the evening when Lallu and Ramesh, husband of Mst. Guddibai were coming back and reached near the house of Prakash Lodhi, the accused met them. There took place hot altercations between Lallu and the accused and thereafter with an intention to kill, the accused inflicted repeated three blows by means of a Farsa on the head of Ramesh, resulting he fell down. The blood started oozing from the wounds and he became unconscious. The incident was witnessed by Prakash Lodhi, Lallu and Babloo. The injured died due to injuries sustained by him. On the report by the wife of deceased, Mst. Guddibai, an F.I.R. (Ex.P/1), was lodged. The postmortem was conducted on the body of Ramesh. Accused Karan was arrested and the weapon of offfence was recovered from his possession. After investigation, the charge sheet was filed before the criminal court. On committal, the trial was commenced. After trial, the accused Karan was convicted and sentenced for commission of offence punishable under Section 302 of I.P.C. , as mentioned above, hence, this appeal has been submitted by the accused from jail.

(3.) The contention of the learned counsel for accused/appellant is that the impugned judgment of conviction and sentence is against the facts and evidence on record as well as the law, hence, same is liable to be set aside. It is submitted that there are various contradictions/omissions on material particulars in the statements of the eye-witnesses, inasmuch as, the enmity between both the parties stood established from the evidence of the witnesses, therefore, recording of conviction of the accused for the alleged offence by the learned trial court seems to be not proper and justified. Apart from the above, the medical evidence does not support the ocular evidence. On the basis of the above arguments, it is prayed that by allowing the appeal, the accused-appellant be acquitted of the charge.