RAJU ALIAS PRADEEP Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 6.2.1996 passed by Second Additional Sessions Judge, Jabalpur in S.T. No. 121/93, whereby the appellant was convicted under Section 304 Part I of the IPC and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 100/- and in default, to suffer R.I. for 1 month. Prosecution case, in short, may be narrated as under-

(2.) After due investigation, charge-sheet in respect of offences under Sections 460 and 302 of the IPC was submitted before JMFC Jabalpur, who committed the case to the Court of Session for trial. However, the appellant was charged with the offence of murder only. He abjured the guilt and pleaded false implication due to animosity. He further asserted that it was a case of mistaken identity in view of the following facts-

(3.) Upon consideration of the entire evidence on record, learned trial Judge, for the reasons recorded in the judgment, concluded that it was the appellant only, who had caused death of Duasiya. However, he was further of the view that the offending act did not fall under the definition of 'murder' but was culpable homicide not amounting to murder and punishable under Section 304 Part I of the IPC.