JUGLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant/accused has preferred this appeal under Section 374 of the Code of Criminal Procedure being aggrieved by the findings and judgment dated 19.12.1994 passed by the Sessions Judge, Chhatarpur in S.T. No.4/1993, whereby the appellant was convicted for the offence punishable under Section 302 of the IPC and sentenced to undergo for life imprisonment.

(2.) The appellant was charged for committing murder of Badri Dhobi. On 18.1.1993 at about 6:00 p.m., the appellant fired upon Badri during sudden dispute because in the marriage ceremony of Bhura Dhobi's house, deceased Badri Dhobi was not invited and when the deceased hooted upon Bhura Dhobi why he was not invited in the marriage ceremony, the appellant intervened and thereafter, some debate took place between them. The deceased sustained gun shot injury. FIR was lodged by Babu son of the deceased. Hence, case was registered against the appellant for offence under Section 302 of the IPC at Police Station, Gourihar District Chhatarpur.

(3.) To establish the above charge against the appellant, the prosecution produced 12 witnesses. After appreciating the entire prosecution evidence, learned trial Court found the appellant guilty to commit murder of Badri Dhobi by using unlicensed country made pistol. Thus, the trial Court convicted and sentenced the appellant as mentioned above.