YOGENDRA Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 10.07.2003 passed by learned Second Additional Sessions Judge (Fast Track), Ashta, District Sehore in Sessions Trial No. 165/2002 convicting the appellant under Sections 302 IPC and thereby sentencing him to suffer life imprisonment, 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 mentioned from paras 2 to 7 of the impugned judgment. For ready reference, it would be condign to mention here that on the point of carrying bullock cart from the bada of co-accused Bhairu Singh, hot altercations took place between the co-accused Bhairu Singh and Surendra Singh (hereinafter referred to as the deceased) as a result of which their relations become strenuous and they were not in talking terms. In the afternoon, it is said that when the deceased Surendra Singh was going to his house, at that juncture he was stopped by the appellant as well as by acquitted co-accused Bhairu Singh and it was asked by the appellant that why he is carrying the bullock cart from the bada of Bhairu Singh upon which the deceased told that in future he will not carry the bullock cart from his bada. However, it is said that co-accused Bhairu Singh caught hold of the deceased while appellant dealt severe blows of gupti upon him resulting into his death.

(3.) The FIR was lodged by one Baje Singh (PW-1) who is an eye witness on the basis of which the criminal law was triggered and set in motion.