PITARSA @ PEETAMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment of conviction dated 26.09.1994 passed in Sessions Trial No.207/1992 by the Court of Shri M.P. Sahalam, First Additional Sessions Judge, Chhindwara M.P. The trial Judge held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded a sentence of RI life and fine amount of Rs.100/-.

(2.) Prosecution story in brief is that deceased Fagulal had kept the wife of accused-appellant with him. There was a panchayat in this regard in the village, however, the wife of the appellantaccused refused to live with him. There was a scuffle between the appellant and the deceased at the time when they had gone to attend a marriage function in the village. At that time, the appellant had inflicted two blows of ballam on the person of the body of the deceased. The deceased received injuries. He was taken to the hospital and admitted to District Hospital, Chhindwara, where he died on 18.06.1992. On the basis of FIR, police registered an offence against the appellant and conducted investigation; and thereafter, filed the charge-sheet. The appellant abjured the guilt. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded a sentence of life alongwith fine of Rs.100/-.

(3.) Learned counsel for the appellant has contented that the trial Court has committed an error in holding the appellant guilty for commission of offence punishable under Section 302 of IPC. Learned counsel further submitted that if the prosecution story is accepted as it is, then the offence committed by the appellant would fall under Section 304 Part I of IPC.