BRIJ LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 09.01.2006 passed in Sessions Trial No.105/2005 by the Additional Sessions Judge, Chhindwara; whereby he has been convicted under section 302 of the IPC and sentenced to undergo rigorous imprisonment for life with fine amount of Rs.1,00/-, in default of payment of fine amount to undergo further rigorous imprisonment for one month.

(2.) The prosecution story in brief is that there was quarrel between the appellant and the deceased because the deceased refused to accompany the appellant on his bicycle. The appellant had killed the deceased by stones. Report of the incident was lodged by PW/2 Raghuveer which is Ex. P/3 at the police station. The police conducted investigation and thereafter filed charge sheet. The trial court framed charge against the appellant for commission of offence punishable under Section 302 of the IPC. The appellant abjured his guilt, however, the trial court convicted the appellant for commission of offence punishable under Section 302 of IPC and awarded sentence RI for life.

(3.) Learned counsel appearing on behalf of the appellant has contended that the prosecution failed to prove commission of offence punishable under Section 302 of IPC beyond reasonable doubt. In alternative learned counsel for the appellant has submitted that even though the version of the prosecution is accepted, the offence against the appellant could be made out under Section 304 part I of IPC.