SHYAM LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Shyam Lal stands convicted under Section 302, Indian Penal Code with sentence of imprisonment for life, vide impugned judgment dated 4 -2 -1989 passed by Additional Sessions Judge, Umaria, District Shahdol in Sessions Trial No. 79/88.

(2.) APPELLANT Shyam Lal has been found guilty of dealing a solitary blow on the abdominal region of his elder brother Rameshwar by means of a gupti (knife) during the course of an altercation between them, in the evening of 19 -4 -1988, leading to his death next day on 20 -4 -1988.

(3.) THE Learned Counsel for the Appellant vehemently argued that the trial Court has erred in recording the Appellant's conviction on the eye -witness account of PW -3 Aditya Prasad and PW -4 Ramcharan, whose evidence suffers from serious infirmities. The Learned Counsel further submitted that even dying declaration (Ex. P/2) suffers from serious infirmities.