KOMAL Vs. STATE OF M P

JUDGEMENT

(1.) In this appeal, the appellants have challenged their conviction under section 302 of the Indian Penal Code for which they have been sentenced to undergo life imprisonment by the IVth Additional Sessions Judge, Chhatarpur in Sessions Trial No.1 of 1990.

(2.) According to the prosecution, one Sukka is alleged to have been murdered by these two appellants on 8.10.1989 at Village Pipst, tahsil Bijawar, district Chhatarpur between 4-5 p.m. A report (Ex.P. 12) of this incident was made by Lalti (P.W. 6) in Police Chowki, Pipat at 8.00 p.m. The post mortem report (Ex.P .10) by Dr. Surendra Kumar (P.W.5) revealed that right hand and right leg were chopped off. In his opinion, the Cause of death was due to excessive haemorrhage and heart failure due to excessive bleeding.

(3.) At the trial, both the appellants abjured their guilt and pleaded false implication because they were prosecution witnesses against the son of deceased Sukka and Lalti (P.W. 6). Learned trial Judge relying on the evidence of Lalti (P.W. 6) convicted and sentenced the appellants as said above.