MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT - accused has filed the appeal against the judgment and order dated 6th February, 1997 in Sessions Trial No. 70/1996 delivered by learned Sessions Judge, Shajapur, of his conviction and sentence under Section 302 of IPC for the imprisonment for life and fine of Rs. 1,000-00, in default further RI of 1 year.

(2.) THE prosecution case is that on 19-11-1995 at about 9. 00 a. m. the accused Mukesh has inflicted the knife blows on the abdomen of Antarisingh and ran away towards the forest. The eye-witnesses of the incident were Mahendrasingh (PW-1), Mumtaz Bi (PW-2) and Mohan (PW-3 ). That Antarisingh died soon after the incident and the FIR Ex. P/1 was lodged in the police station by Mahendrasingh (PW-1 ). Station House Officer S. S. Choudhary (PW-11) prepared the Panchnama of the dead body Ex. P/5 and the autopsy was conducted by Dr. N. K. Rathore (PW-4) who has found 10 incised and penetrated wounds on the body of the deceased. After the usual investigation, the charge-sheet was filed against the accused.

(3.) THE accused has abjured the guilt and denied the prosecution allegations and pleaded that the eye-witnesses have falsely implicated him due to enmity. No witness in defence was examined.