PAPPU Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal filed u/S. 374 of Cr.P.C. assails the judgment of 1st Additional Sessions Judge (Fast Track Court), Narsinghgarh, District Rajgarh in Sessions Trial No. 223/2011, dated 26/07/2012 whereby the appellant was held guilty for the offence u/S. 302 of the IPC and sentenced to undergo life imprisonment with fine of Rs. 5000/- and in default of payment of fine he shall further undergo six month's RI.

(2.) Draped in brevity, the case of the prosecution is that the appellant has assaulted and thrown deceased Bhupendra in a well between 26/4/2011 and 27/4/2011. Bhupendra was found alive by the villagers at Sonkatch (Narsingharh). The intimation was given to Kesri (PW. 2), real brother of deceased Bhupendra. In turn, Dhansingh (PW.1), an independent witness and Kesri (PW.2) reached to the place of incident and found that villagers are trying to rescue Bhupendra who is found injured inside the well. In turn, Bhupendra was taken out of the well. Bhupendra died after some time. As per prosecution story, Kesri (PW.2) took him in injured condition to hospital in a Jeep. While travelling between the place of incident and hospital, Bhupendra informed Kesri (PW.2) that he was assaulted by Pappu @ Dayaram (appellant) and three other persons. He further stated that Pappu who is brother-in-law of deceased assaulted him but three other persons who accompanied Pappu were not known to him.

(3.) Before the Court below 15 prosecution witnesses entered the witness box and deposed their statements. The appellant abjured his guilt. Nobody entered the witness box on behalf of the accused.