NITESH Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT -accused has filed the appeal under section 374 of the Code of Criminal Procedure against the judgment and order dated 13.7.1998 delivered the Special Case No. 221/1997 by learned Special Judge (SC and ST), Dewas, wherein appellant was convicted and sentenced under section 302, IPC to undergo life imprisonment with fine of Rs. 500/ -, in default of payment of fine, further undergo RI for two months; and RI for 1 year under section 324, IPC. Both the sentences were directed to run concurrently.

(2.) THE prosecution case is that on 22.5.1997 at about 8:00 p.m. when in the marriage of Rajesh, Devkaran (PW 1) and deceased Mukesh were going in a vehicle near the bus stand and in front of Kalali, Sonkutch, the Barat accompanying the marriage got down. That in the meantime the accused Nitesh Yadav reached there and he started quarrelling with Mahendra Singh (PW 2) and Jagbhan (PW 4) on their refusal to provide him the money for consuming liquor. The prosecution case is that when Mukesh and his brother Devkaran (PW 1) intervened, the accused got enraged and started inflicting knife blows on Mukesh. That Devkaran (PW 1) intervened and asked the accused not to beat his borther, then the accused also gave a knife blow on the thigh of Devkaran (PW 1). That Mukesh was immediately taken to the hospital in the tractor where he was declared dead.

(3.) THE accused has abjured the guilt and he has denied the statements of the prosecution witnesses in his statement under section 313 of the Code of Criminal Procedure, and pleaded false implication due to the enmity.