PAPPOO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 12th May, 1995 passed in Sessions Trial No.139/93. The trial Court held the appellant guilty for commission offence punishable under Section 302 of IPC and awarded sentence for life imprisonment alongwith fine amount Rs.500/-.

(2.) Prosecution case in brief is that on 06.06.1993, at around 10:30 in the morning, deceased-Munnalal had been going to a river. When he reached in front of the house of the appellant-Pappoo, the appellant, who was standing beside his house, had an air gun with him. He told the deceased that he would not go to the river and, thereafter, he fired a shot from the air gun and one pallet hit at the neck of the deceased. He fell down. Thereafter, his family members reached on the spot. They had taken the deceased to police station, where deceased himself lodged a report. Thereafter, he was sent to the hospital and after a period of 13 days, he died. Police conducted investigation and filed the charge-sheet. During trial, the appellant abjured his guilt and pleaded innocent. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded sentence as mentioned above in the judgment.

(3.) Learned counsel for the appellant has submitted that there is no sufficient evidence to prove the guilt of the appellant beyond reasonable doubt. In alternate, he has submitted that the offence committed by the appellant could be under Section 304 Part II of IPC and sentence of the appellant may be reduced to already undergone.