GENDA LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant Gendalal has been convicted for offence under Sec. 302 of Penal Code and sentenced to imprisonment for life and fine of Rs. 1,000.00 and 6 month's RI in default by the judgment dated 26/12/2003 passed by VII Additional Sessions Judge Indore in Sessions Trial No. 163/2003.

(2.) The appellant was charged for causing murder of Radhakishan.

(3.) The prosecution case is that Radhakishan had lodged the FIR on 2/4/2003 at 8.10 a.m. in Police Station Khudel Chouki Campel that at 7.45 a.m. when he was sitting in his Otla at that time appellant came with axe and had caused injury on his head and given blow with handle of axe near the left eye. The appellant had suspicion that Radhakishan was misguiding his wife. At the time of incident, Makhan, Tejkaran, Subhash and Subhash Rawat were present. Initially offence under Sections 324, 294 and 506 Penal Code was registered and Radhakishan was sent to MY Hospital. His MLC was done and he was referred for surgery and was admitted in hospital. During course of treatment he had died on 16/4/2003 in the hospital. Postmortem was done and offence was investigated and challan was filed. The appellant was charged for offence under Sec. 302 IPC. The appellant had absurd the guilt and trial took place.