BRAJESH GYARSA Vs. STATE OF M.P

JUDGEMENT

(1.) THIS criminal appeal has been filed under Section 374 of Code Of Criminal Procedure being aggrieved with the judgment dated 28.8.2008 passed in S.T.No.175/2008, whereby the appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to life imprisonment and pay fine of Rs.25,000/ - and in default of payment of fine further undergo three years RI.

(2.) BRIEFLY stated the prosecution case is that on 24.2.2008 at about 1.30 2.00 AM Brajesh gave beating by means of Lathi to Shyamlal as a result of which Shyamlal died. On the report of complainant Prabhulal (PW -1) Dehati Nalishi Ex.P/1 was recorded. During investigation the Panchnama of the dead body was prepared, site map was drawn. The dead body was sent for post mortem examination. The case diary statements of the witnesses were recorded. In pursuance of the memorandum of complainant Lathi has been seized. After completion of the investigation the charge sheet has been filed before the J.M.F.C., Ashoknagar. The JMFC has committed the case for trial. Charge under Section 302 of IPC has been framed against the applicant. However, the appellant denied the charge. The defence of the appellant was that he has falsely been implicated. During trial as many as 12 witnesses have been examined by the prosecution. In defence none has been examined.

(3.) THE learned trial Court after marshalling and appreciating the evidence and the material on record has convicted the appellant and sentenced as mentioned in para 1 of the judgment, being aggrieved this appeal has been preferred.