GANPAT Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 31.7.1998 passed by learned III Additional Sessions Judge, Chhatarpur in Sessions Trial No. 147/97, convicting the appellant under sections 302 and 201 IPC as well as under section 25 (1) (a) of the Arms Act and sentencing him to suffer life imprisonment, rigorous imprisonment of two years and rigorous imprisonment of one year, respectively, this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 has been preferrd by him.

(2.) IN brief the case of prosecution is that on 13.3.1997 accused Ganpat lodged a report at 3:00 p.m. in Police Chowki Garroli that he along with his Bhabhi (sister -in -law) Sahodra were cutting crop of gram and his brother Hajju (hereinafter referred to as 'the deceased') climbed on a Kawa tree and was chopping the wood of that tree, at that juncture he heard the shriek of the deceased as a result of which he and Sahodra rushed towards the tree and found that deceased was lying beneath the tree and was groaning. Deceased received injuries on his nose, face and neck on account of fall from the tree. Thereafter, after sometime, his brother breathed his last. He has also stated that Jagdish, Jhallu and Buddhsingh have also seen the incident.

(3.) ON 20.3.1997 i.e. after 7 days of the date of incident Sahodra lodged a written report Ex. P -15 in Police Chowki Garroli and on the basis of said written report FIR was registered against the appellant.