SURYABHAN CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant is in appeal against his conviction and sentence passed on 29.09.2007 by IInd Additional Sessions Judge, Satna in Sessions Trial No.104 of 2003. By the impugned judgment, appellant was found guilty of culpable homicide amounting to murder and he was convicted under Section 302 of the IPC and sentenced to undergo life imprisonment and under Section 324 of the IPC, he was sentenced to undergo one year imprisonment for causing simple injury to Jaimaniya together with fine and default stipulations.

(2.) Appellant was brought before the Court to stand trial for the offences punishable under Section 302, 294, 324 of the IPC and Section 25 (1-B)(b) of the Arms Act.

(3.) Prosecution case, in short, as unfolded before the trial Court was that on 8.12.2002 at about 8:00 p.m., appellant caused a knife injury to Laxman Choudhary (since deceased) without any provocation. Same night at about 10:00 p.m., Laxman Choudhary lodged the FIR (Exhibit P/19) in the Police Station Sabhapur, District Satna. The police registered a case under Sections 294, 307, 323 and 324 of the IPC and this set the investigation rolling. Injured persons were referred for their medical check-up and treatment. Appellant was arrested. Laxman Choudhary, who had suffered a stabbed injury in the stomach, died in the Hospital during the course of treatment. After investigation, police filed charge-sheet for offences punishable under sections 294, 302,324 of the IPC and Section 25(1-B)(b) of the Arms Act against the appellant. At the trial, appellant abjured his guilt and claimed that he was falsely implicated.