OMPRAKASH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred under Section 383 read with Section 374(2) of the Code of Criminal Procedure (for short "the Code") being aggrieved with the judgment dated 15/7/99 passed by Special Judge, Shahdol in Sessions Trial No.135/97, whereby appellant has been convicted under Section 302 of the Indian Penal Code (for short "the IPC") and sentenced to imprisonment for life.

(2.) It is not in dispute that Mahesh (since deceased) was working in a Hotel at Village Ghunghuti with Bachhu (PW5) for the last 10 years.

(3.) Prosecution case, in brief, is that against the backdrop of a recent quarrel, on 20/5/97, appellant informed Bachhu at his Hotel, that he will kill Mahesh and after a while, in the evening, Parvati (PW1) came at the Hotel and informed Bachhu that Mahesh was brutally assaulted by the appellant with a cricket Bat. Bachhu rushed to the spot and saw that Mahesh was lying on a cot in a severely injured condition and was breathing sparsely . While he was taking Mahesh to Police Station, near the Hotel, Mahesh succumbed to the injuries thus caused. Thereafter, at 7.30 a.m. First Information Report (Ex.P/4) was lodged by Bachhu at Kotwali Shahdol, whereupon Morgue No.63/97 (Ex.P/16) was registered. During investigation, Bat used for committing the offence, was seized at the instance of the appellant and as per the Forensic Science Lab report (Ex.P/18), human blood was found on the Bat.