RAJARAM Vs. STATE OF M.P.

JUDGEMENT

(1.) AGGRIEVED by his conviction under section 302 of Indian Penal Code and sentence of imprisonment for life, passed by the learned Sessions Judge, Dhar in S.T. No. 99/90, the appellant -accused has preferred this appeal under section 374 of the Code of Criminal Procedure.

(2.) THE case of the prosecution in short is that on 27.1.90 at village Akolia at about 9 P.M., late Nandu accompanied by his son Arjun (PW 3) aged about 14 years was on his way to his fields when the accused intercepted and started abusing, after some altercation of hot talks between the two, the accused gave a Dharia blow (cutting weapon) in his neck, as a result of which Nandu fell down on the spot. Tolaram (PW 1) and Arjun (PW 3) who had reached the spot, took the deceased to Pithampur, however, he expired in the way. FIR vide Ex. P/1 was lodged by Tolaram at 9.30 PM on the same night at P.S. Pithampur on the basis of which a case was registered and after due investigation, the accused was charge -sheeted for trial.

(3.) THE learned Sessions Judge after trial held the appellant guilty under section 302 IPC and convicted and sentenced him as above. Thus, giving rise to this appeal.