SATISH KUMAR GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 07.12.2006 passed in Sessions Trial No.46/2006. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded a sentence of life alongwith fine of Rs.4000/-, with default stipulation RI for two years.

(2.) Prosecution case in brief is that sister of the appellant namely Dulari Bai was married with deceased Mansharam Yadav. The marriage was inter-caste one. On the date of incident, Dulari Bai (PW-3) and Magali Bai (PW-1) cooked food at home, they had gone to the field to give meal to Mahu Gond. When they returned back, they had seen that there was a quarrel between the appellant and the deceased. Appellant Satish had inflicted injury on the head of the deceased by a muller (moosal). He was died after sometime. The incident was told to Mahu Gond, who is the father of the appellant. The wife of the deceased namely Dulari Bai (PW-3) lodged report at the police station on 06.12.2006. Police conducted investigation and filed charge-sheet against the appellant. The appellant abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellant guilty for commission of offence and awarded sentence as mentioned above in the judgment.

(3.) Learned Amicus Curiae for the appellant has submitted that prosecution witnesses have turned hostile. They did not support the prosecution case. The trial Court has committed an error in holding the appellant guilty for commission of offence punishable under Section 302 of IPC, as the prosecution has failed to prove the charge leveled against the appellant beyond reasonable doubt. Hence, the appeal filed by the appellant be allowed and he be acquitted from the charge.