AMAR LAL Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 24th January, 1995 passed by 1st Additional Sessions Judge, Mandla in. Sessions Trial No. 71/90 convicting the appellant under Section 302, IPC and sentencing him to suffer Rigorous Imprisonment of life and further convicting appellant under Section 323 for causing voluntary hurt to Saroj Bai and sentencing him to suffer Rigorous Imprisonment of three months, the appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that in the night of 27-3-1990 acquitted accused Daro Bai and Khimmi Bai called Chandrabhan (Hereinafter referred to as 'the deceased') and all the accused persons who were five in number, by sharing common object caused injuries to him (deceased) by lathi and Chaunh (pointed end of the plough). The first information report was lodged by eye-witness Tarabai who is the wife of the deceased.

(3.) On lodging of the first information report the criminal law was set in motion. Investigating agency arrived at the spot; seized the dead body; seized necessary articles; recorded the statement of the witnesses; sent the dead body for post-mortem and after completing the investigation a charge-sheet was submitted in the competent Court which on its turn committed the case to the Court of Sessions and from where it was received by the trial Court for trial.