LALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The unsuccessful appellant Lalu, dissatisfied with the judgment dated 16-1-1995 rendered by the Additional Sessions Judge, Barwaha in Sessions Trial No. 300/94, thereby convicting the appellant for the offence punishable under S. 302 of the Indian Penal Code and sentencing him to imprisonment for life and fine of Rs. 1,000/-, in default of payment of fine, he was directed to suffer additional R. I. for six months, has preferred this appeal.

(2.) The case of the prosecution in nut-shell before the trial Court was that on 7-8-1994 at about 7.15 p.m. deceased Ditya along with his wife Dashribai (PW-1), Bholu (PW-2), Gangaram (PW-4) and Dhannalal were sitting at his house. At that juncture, accused/appellant Lalu came over there and asked Ditya as to why he was calling his wife a witch (Dakan). Ditya told that it was a matter between women-folk. Thereafter, accused/appellant Lalu took out a knife and inflicted knife blows on the deceased. Dhannalal and Bholu tried to intervene. Accused fled away from the scene of occurrence. The deceased was taken to the Hospital at Barwaha. Dhannalal (PW-3) lodged the First Information Report Ex. P/2. Ditya died in the hospital the same day. After usual investigation, accused was charge-sheeted. The appellant abjured his guilt. On trial, finding the appellant guilty of the offence with which he has been charged, the trial Court convicted and sentenced him as indicated hereinabove.

(3.) We have heard Shri Chandiramani, learned counsel for the appellant and Shri G. Desai, learned Dy. Advocate General appearing for the State and gone through the entire record carefully.