GUDDA Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) of Criminal Procedure Code has been filed by the appellant/accused being aggrieved by the judgment and finding dtd. 11/9/1998 passed by the learned III Additional Sessions Judge, Sagar in Session Trial No.432/1997 whereby the appellant/accused has been convicted under Ss. 304 Part I of Indian Penal Code (hereinafter referred as ‘IPC’) and sentenced to undergo R.I. for 7 years with fine of Rs.1000.00, in default 6 months R.I.

(2.) The prosecution story in the nutshell is that on 22/8/1997, at about 12 in the noon, deceased-Mannu was engaged in some farming work, at that time, the appellant/accused was grazing his bull. Dispute arose when appellant released his bull into the farm of Karodi and when deceased tried to stop him on which the appellant started abusing him and inflicted an axe blow on his neck due to which deceased fell down. Rambabu, Tijai and Bhalu were present on the spot. Bhalu went to village and informed uncle Kanchedilal. Kanchedilal reached the spot and found the deceased in unconscious state. They brought the deceased to the village and then took him to Naryawali Police Station. On their way to Hospital, the deceased died. Initially, the police registered the FIR of Exb. P/8 for the offences under sec. 294 and 307 of IPC but on account of death of deceased, offences under Sec. 506 B and 302 of IPC were enhanced subsequently.

(3.) After completing the investigation, the police filed the charge-sheet. The appellant/accused abjured his guilt and claimed to be tried, therefore, the trial Court proceeded further and recorded the statements of as many as 23 prosecution witnesses as well as statement of appellant/accused under Sec. 313 of the Cr.P.C.