PHAGURAM @ PHAGAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 4th December, 2000, passed by Sessions Judge, Mandla in Sessions Trial No.91/2000, convicting him under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) ACCORDING to prosecution, Matiabai (deceased) resided in village Magarwada. Appellant Phagan also resided in her neighbourhood. In the night of 7.4.2000, there occurred some altercation between them. Appellant asked Matiabai to leave the village since he wanted to grab her land. In the past also he had threatened her in that regard. In the night intervening, between 15.4.2000 and 16.4.2000, Shyamwati Bai (PW-6) and Matiabai (PW-7) heard cries of Matiabai (deceased) that she was being beaten. Both of them saw appellant assaulting Matiabai with stick. Getting frightened, Shyamwati went in the forest where her father-in-law was staying. Matiabai (PW-7) informed the incident to her husband Matu Singh (PW-4), who happened to be the brother of deceased Matiabai. As a result of injuries, Matiabai died. Matu Singh informed the incident to lady Kotwar and alongwith her went to Police Station, Motinala and lodged first information report (Ex.P/4) at 12.30 pm.

(3.) DURING trial, on charge being framed, appellant abjured his guilt and pleaded false implication.