LAWS(MPH)-2012-4-21

NARAYAN Vs. STATE OF MP

Decided On April 17, 2012
NARAYAN S/O RAMDAS KOL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 27 th August, 2002 passed by Additional Judge to the Court of First Additional Sessions Judge, Katni in Sessions Trial No. 819/2001, convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 2000/-. In default of payment of fine, further rigorous imprisonment for six months.

(2.) In short, the prosecution case is that on 22.10.2001 when Gariba, the deceased returned to his house after working on a kiln and sat for taking bath near his house, appellant/accused reached there and dealt a blow with an axe on his neck causing his instantaneous death. Kishori Lal, Kotwar (PW1) on getting information from wife of Fakru reached there and snatched the axe from the hand of accused. Kishori Lal went to police station, Vijayraghogarh and lodged the first information report Ex. P/1.

(3.) Sub Inspector Ramkishore Goutam (PW6) went to the spot, conducted inquest proceedings and sent the body of Gariba for postmortem examination to Community Heath Centre, Vijayraghogarh. Dr. B.K.Sahu (PW9) conducted postmortem examination and found that the death of Gariba was caused by an incised injury on his neck.