SUNDERLAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Sunderlal stands convicted under Section 302, IPC, with sentences of imprisonment for life and fine of Rs. 1000/-, vide impugned judgment dated 21-2-90 passed by IInd Additional Sessions Judge, Raisen in Sessions Trial No. 35/89.

(2.) APPELLANT Sunderlal has been found guilty of causing solitary incised wound on the head region of his younger brother Hari Singh by means of an axe during the course of an altercation between them in the night of 28-12-88, leading to his death the same night.

(3.) APPELLANT's conviction is founded on the solitary eye-witness account of Mishri Bai (P. W. 12), widow of deceased Hari Singh, who has categorically deposed that on the fateful night when her husband Hari Singh was abusing his elder brother appellant Sunderlal, the appellant suddenly came out and dealt one blow by means of an axe on the head region of her husband Hari Singh and, thereafter, fled away.