NURUDDIN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 12.08.2005 passed in Sessions Trial No.57/2005. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence for life alongwith fine amount Rs.5000/- with default stipulation RI six months.

(2.) Prosecution case in brief is that on 12.12.2004, at around 2:30 O'clock in the afternoon, the deceased went with the complainant on a scooter to Royal Market Petrol Pump. When they came back, the appellant Nuruddin armed with knife came there and catch hold the deceased and inflicted repeated blows by knife. Deceased fell down. Badshah had taken the deceased to Hamidiya Hospital. Thereafter, the report was lodged. Subsequently, the deceased died. Police conducted investigation and filed the charge-sheet. The appellant abjured his guilt and pleaded innocent.

(3.) Learned Senior Counsel appearing on behalf of the appellant has submitted that the prosecution has failed to prove the guilt of the appellant beyond reasonable doubt. He is innocent. The trial Court has committed an error in convicting and sentencing the appellant.