GORELAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.11.2002 passed by Session Judge, West Nimar, Mandleshwar in S.T. No.196/2002. By the impugned judgment, appellant has been found guilty of an offence punishable u/s. 325 of the Penal Code and was sentenced to undergo 2 years R.I. with fine of Rs.1,000/ with default stipulation.

(2.) The charge against the appellant was that on 19.4.2002, he committed murder of his brother Mehkal. The incident was reported at Police Station Balakwada by Sekdia, a neighbour of the deceased. After holding the inquest and the post mortem, charge sheet was filed against the appellant. Appellant denied the charges. In order to bring home the charges against appellant, prosecution examined number of witnesses.

(3.) Considering the prosecution evidence, learned trial Judge found the appellant guilty of an offence punishable u/s. 325 of the Penal Code. He was acquitted of the charge u/s. 302 of the Penal Code. For the offence punishable u/s. he was convicted and sentenced, as aforesaid. Hence, this appeal.