BHAGWATI PRASAD SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order of sentence dated 27.03.1998 passed by learned 1 st Additional Sessions Judge, Ashoknagar in Sessions Trial No. 218/1992 convicting the appellant under Section 302 of IPC and thereby sentencing him to suffer life imprisonment and fine of Rs. 5,000/-, in default thereof to suffer further rigorous imprisonment of one year, the appellant has knocked the doors of this Court by preferring this appeal under Section 374 (1) of the Code of Criminal Procedure, 1973.

(2.) The prosecution story in short is that on 22.03.1992, the complainant Sheelabai (PW-1), her brother-in-law Pappu (deceased) and her son santosh (PW-3) were bringing fodder on their bullock-cart from their 'Khaliyan'. On the way at around 6.30 PM, when they reached near the house of the appellant a tractor-trolly was parked in the way and the appellant had been unloading wheat from the trolly. The deceased Pappu requested the accused-appellant to park his tractor trolly at some distance place so that his bullock-car could get sufficient space for bypass. The accused-appellant refused to provide passage to bypass their bullock-cart. On this, there were exchange of hot talks between the deceased Pappu and the accused-appellant. Thereafter, the accused-appellant went into his house and from the roof of his house he had fired a shot from his 12 bore gun which hit on the face of the deceased-Pappu. Consequently, he fell down on the ground and died on the spot. Santosh also fell down on the ground. Thereafter, the complainant Sheelabai (PW-1) lodged FIR (Ex. P-1) at the police station, Ashoknagar.

(3.) On lodging of the First Information Report, the criminal law was triggered and set in motion. A case was registered under Section 302 of IPC and section 25, 27 of Arms Act against the accused-appellant.