PREMLAL ALIAS GUDDA Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has filed this appeal being aggrieved by the judgment dated 12.01.2005 passed by VI Additional Sessions Judge, Jabalpur in Session Trial No. 139/04 whereby the appellant has been found guilty of an offence punishable under section 325 of the I.P.C. and has been sentenced to five years rigorous imprisonment with a fine of Rs.1000/- with a further six months' rigorous imprisonment in case of default of deposit of the fine.

(2.) The prosecution case is that on 02.01.2004 the accused/appellant had an altercation with Bedilal, the father of PW/3 Bablu and thereafter in the evening he again confronted the deceased Bedilal and delivered a blow with a stick on his head which resulted in his death.

(3.) The F.I.R. of the incident was lodged by Pyarelal PW/1, the brother of the deceased and accordingly, criminal law was set at motion. Though the appellant was charged for an offence punishable under section 302 of the I.P.C., the court below on scrutinizing the oral and documentary evidence has found the appellant guilty of an offence punishable under section 325 of the I.P.C. The prosecution examined ten witnesses in support of the case.