VIRENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal under Section 374 of Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dated 12-10-2010 passed by learned 10th Additional Sessions Judge (Fast Track Court), Gwalior in Session Trial No.160/2009 whereby the appellant has been convicted for the offence punishable under Section 307 of IPC and sentenced to undergo 5 years' RI with fine of Rs.5000/- with default stipulation.

(2.) BRIEF facts of the case are that on 30-06-2008 the complainant Rajesh Shakya who has given Rs.16,500/- to the appellant/ accused for getting employment has demanded his money back, it is alleged that the appellant has called him near the temple of Heeraman Baba for refunding his money. Thereafter, the appellant has took him to forest and suddenly attacked him by inflicting BAKA blow on him. On the basis of Dehati Nalishi, the FIR was registered against the appellant and challan was filed by the prosecution. Learned trial Court after the trial of appellant has convicted him for the offence under Section 307 of IPC and sentenced him as mentioned in paragraph 1 of the judgment .