CHANDRASHEKHAR Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 12.1.2010 passed by learned Second Additional Sessions Judge, Mhow District Indore, in Sessions Trial No.806/2008 convicting appellant under section 302 IPC and thereby sentencing him to suffer life imprisonment and fine of Rs. 1,000.00, in default further RI of one year, this appeal has been filed by appellant under section 374(2) of the Criminal Procedure Code, 1973.

(2.) IN brief, the case of prosecution is that Radhesingh (hereinafter referred to as the deceased) was a retired employee of the Police Department. He used to offer pooja (prayer) during the dawn hours. On the fateful day i.e. 28.8.2008 during the dawn hours at 5:45 after taking his bath the deceased was offering pooja nearby the tree of pipal at that juncture, appellant who is the neighbour of the deceased armed with an iron rod came and dealt one blow on the head of the deceased as a result of which, he had died.

(3.) THE learned trial Judge on the basis of evidence placed on record came to hold that charge under section 302 IPC has been proved against the appellant and eventually convicted and passed the sentence to suffer -imprisonment and fine of Rs. 1,000.00 in default further RI of one year.