SHERU @ MAHENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been preferred by the accused/appellants under Section 374(2) of Cr.P.C., being aggrieved by the judgment and sentence dated 1.8.1994 passed by Sessions Judge, Khandwa in S.T. No.223/1993, whereby the accused/appellants have been found guilty for commission of offence punishable under Section 302 read with section 34 of IPC and sentenced to undergo rigorous imprisonment for life.

(2.) The case of the prosecution in brief is that on 22.9.1993 at around 6 o'clock in the morning near Ganesh Talai Mazjid at Khandwa deceased Poonam was going to supply milk, meanwhile appellant Dashrath and Sheru @ Mahendra Singh came there. Dashrath caught hold of hands of the deceased and Sheru @ Mahendra Singh had inflicted the blows of knife on his abdomen. The deceased shouted for help. After assaulting him the appellants ran away. The incident is witnessed by complainant Nirmala Bai and other witnesses. The deceased Poonam was taken to District Hospital Khandwa but he succumbed to his injuries on the way.

(3.) The appellants have been charged under section 302 read with section 34 of IPC. They abjured guilt and pleaded innocence. The prosecution has examined 8 witnesses, whereas appellants have not given any evidence in their defence.