KALLU Vs. THE STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 10.12.1994 passed in Sessions Trial No.162/1993. The appellant along with three other accused persons were prosecuted for commission of offence punishable under sections 302 and 324 / 34 of IPC. The trial court acquitted other three accused persons and convicted the appellant for commission of offence punishable under section 302 of IPC.

(2.) The prosecution story in brief is that on 20.6.1993 deceased Ram Bhajan was selling vegetables at his shop. The appellant was armed with Gupti and other co-accused persons armed with sword and Katar came at the shop. The appellant abused him and thereafter inflicted a blow of Gupti on the stomach of the deceased. The appellant also inflicted injuries to Sampat Kol and Vishali and thereafter all the accused persons ran away. The deceased himself went to the police station and lodged FIR, Ex.P.27. He was referred to the hospital where he was died on 22.6.1993. Police conducted investigation and filed the chargesheet.

(3.) The appellant abjured his guilt and pleaded innocence. The prosecution examined 17 witnesses to prove its case. The trial court, after trial, held the appellant guilty for commission of offence punishable under section 302 of IPC and sentenced him imprisonment for life and fine of Rs.1000/- with default stipulation.