JAIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the accused against the impugned judgment dated 5.9.2007 passed by Sessions Judge, Balaghat in S.T. No.35/2007, whereby the appellant was convicted for offence punishable under Section 302 of the IPC and sentenced for life imprisonment along with fine of Rs.500/-. In default of payment of fine, two month R.I.

(2.) The prosecution case in brief is that on 30th January, 2007 at about 3:00 p.m. at village Khurmandi, the deceased (Jhadu Singh) was in his Badi behind his house. The appellant came to his house and asked to his daughter-in-law/Sunita about Jhadu Singh (deceased). At that time, the appellant armed with Lathi and threatened to kill Jhadu Singh. When he went towards Badi, then Sunita also followed him and she saw that the appellant assaulted Jhadu Singh by Lathi. The appellant thought that Jhadu Singh was involved in black magic. Victim Jhadu Singh sustained head injury and other injuries. When Sunita cried, the appellant also tried to assault Sunita but, she ran away towards Hem Singh' house and told him about the incident. Thereafter, Hem Singh, Dwarka Bai and other persons came with her on the spot and they brought Jhadu Singh to Baihar Hospital. During the treatment, Jhadu Singh died due to injuries caused by appellant. Hence, on the report of Sunita, Police Station Baihar lodged the FIR against the appellant. After investigation, the charge sheet was filed against the appellant for offence under Section 302 of the IPC before the concerned Court.

(3.) After committal of the case, learned trial Court framed the charge under Section 302 of the IPC against the appellant. The appellant abjured his guilt and claimed that he has been falsely implicated in the case. In defence, he has examined two witnesses.