DARE RAJGOND Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 23/08/2012 passed by learned Additional Sessions Judge, Pawai, District Panna in Sessions Trial No.02/2011 convicting the appellant under Section 302 of the IPC and sentencing him to suffer R.I. for life and fine of Rs.2000/- with default stipulation, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal since in elaboration they are already mentioned in para 3 to 10 of the impugned judgment. For ready reference, it would be condign to mention here that as per the case of prosecution, prosecution witness- Babloo was having illicit relations with the deceased- Longrani which was being questioned by the present appellant. 4-5 days earlier to the date of incident, the appellant who is Jeth (husband's elder brother) of the deceased told Babloo that why he is keeping illicit relations with the deceased and he also tried to assault him. However, at this juncture Hakim intervened. On 18.10.2010 at 10.00 p.m. the appellant came and told the deceased that now he will not live with her and started taking away his utensils etc from the house and also dealt the blow of spade (Fawda) on the temporal region of the deceased as a result of which the blood started oozing from the wound. After causing injury by spade (Fawda) the appellant ran away from the place of occurrence.

(3.) The FIR was lodged by Sonu (PW-8), on the basis of which a case was registered against the appellant and the investigation was made.