MAHAVEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374 of Code of Criminal Procedure, against the judgment of conviction and order of sentence, dated 14.9.2006, passed by the learned Sessions Judge, Sheopur (M.P.) in Sessions Trial No.16/2006, whereby the appellant has been convicted under Section 302 of IPC and sentenced to suffer life imprisonment with a fine of Rs.1000.00 and he has further been convicted under Section 307 of IPC and sentenced to suffer six years rigorous imprisonment with a fine of Rs.1,000.00 with default stipulation.

(2.) THE prosecution story is that on 12.10.2005 the appellant had been beating his wife. After hearing the cry of the wife of the appellant, deceased Gopi reached to the house of the appellant and the appellant inflicted injuries to the deceased, due to which he was died. Report of the incident was lodged at Police Station Abda, District Sheopur. Police registered a case vide Crime No.29/05 for an offence punishable under Sections 302 and 307 of IPC.

(3.) THE learned trial Court after conclusion of trial, found the appellant guilty for the offence under Sections 302 and 307 of IPC and awarded sentence to suffer life imprisonment with a fine of Rs.1000.00 and the appellant has further been convicted under Section 307 of IPC and sentenced to suffer six years rigorous imprisonment with a fine of Rs.1,000.00 with default stipulation. The trial court further observed that both the sentences shall run concurrently.