MANOJ Vs. THE STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant being aggrieved by the judgment dated 7.1.1995 passed by Additional Sessions Judge, Katni in Session Trial No.548/93, whereby the appellant has been convicted for offences punishable under Sections 302/34 and 201 of the Indian Penal Code and has been sentenced to undergo RI for life and RI for 3 years respectively.

(2.) Brief facts of the prosecution case are that the appellant was serving with deceased Baba Govind Shah at Gurudwara Camp, Madhavnagar, Katni. He was frustrated because Baba Govind Shah (since deceased) was holding the important post in Gurudwara, even though he was junior to the appellant. It was alleged that the deceased was habitually dominated the appellant and his younger brother Guddu (juvenile). On 24.11.1992 at about 6.30 PM Baba Govind Shah was killed by appellant and his younger brother Guddu by inflicting fatal blows by sharp cutting weapons on the vital part of the body of Baba Govind Shah. After killing him, the appellant burnt his body and left the spot. Kumar Das reported the incident to the Police Station, Tikuri District Katni. Hence, FIR was lodged against the appellant under Section 302 of IPC. After completion of investigation, a charge sheet was filed before the concerned Court.

(3.) The learned trial Court held the appellant guilty for committing murder of Baba Govind Shah with the help of his younger brother Guddu (juvenile) and convicted him under Sections 302 and 201 of IPC and sentenced him as mentioned above.