JANGLI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the impugned judgement and order dtd. 21/4/2010 passed by the Sessions Judge, Betul in Sessions Trial No.263/2009 by which the appellant has been convicted under Sec. 302 of IPC and sentenced to undergo Life Imprisonment and a fine of Rs.500.00 failing to pay the fine to undergo additional six months RI and also convicted under Sec. 323 of IPC and sentenced to undergo six months RI, this appeal has been filed.

(2.) The prosecution case in brief is that on 16/9/2009 at about 6:00 pm in village Deshwadi appellant, who was in a drunken state, arrived at the house of complainant Jugni Bai and and stated that he wanted the complainant Jugni to be his wife. When complainant and her husband Kale opposed, the appellant started abusing them. After that the appellant took a stick lying on the ground and hit Kale on his head and legs. The appellant also hit the complainant with the stick on her hand and head when she was trying to save her husband. The complainant along with injured Kale went to the Police Station Shahpur, District Betul and lodged the FIR Exhibit P-5. Injured Jugni Bai and her husband Kale were taken to PHC Shahpura for medical examination. Kale was referred to the District Hospital Betul where he died during his treatment. A Merg No.55/09 was registered under Sec. 302 of IPC. During the investigation the stick used in crime was seized at the instance of the accused as per Exhibit P-2. On completion of the investigation charge-sheet under Sec. 323, 302 of IPC was filed before JMFC, Betul. The case was committed to the Sessions/trial court.

(3.) The trial court framed charges under Sec. 323, 294, 302 of IPC against the appellant who denied his guilt and pleaded for trial. The learned trial court after trial of the case and on the basis of evidence and material came on record found the accused guilty of offence, as mentioned above and sentenced him as per the impugned judgment.