KRISHNA PAL MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Being aggrieved by the judgment dated 26.12.2003 passed by Sessions Judge, Rewa in S.T. No. 247/2002 convicting the appellant for the charge under Section 302 of the IPC and to sentence him to Life Imprisonment for committing the murder of Gangadhar Mishra, this appeal has been preferred under Section 374(2) of the Cr.P.C.

(2.) The prosecution case in brief is that dispute arose due to grazing of cattle by the son of deceased in the field of the accused. On the date of occurrence, at about 9:00 AM in the morning due to altercation, the accused has abused to the deceased in harsh language and assaulted by means of Tangi (a weapon similar to Axe), when deceased started running away, accused followed him and assaulted over the back by means of Tangi and Khurpi due to which Gangadhar made cry and fell down in the field. Hearing the cry made by Gangadhar, complainant Rambaran Mishra (PW-1), Jaiprakash (PW-10) and other witnesses have reached on the spot and seen the incident while the accused ran away from the spot. Due to various injuries the blood started oozing, however Rambaran Mishra (PW-1) with the help of other brought him to the P.H.C., Sirmour and lodged the FIR. Deceased died in the evening during treatment, prior to his death dying declaration (Ex.P-7) was recorded by Manoj Kumar Chourasia, Naib Tehsildar (PW-5) wherein the allegation of assault by appellant using deadly weapon has been alleged by the deceased.

(3.) After preparation of Panchnama's and completing investigations, challan was filed in the competent Court, however, the Court of Judicial Magistrate took the cognizance and committed it to the Court of Session for trial. The trial Court framed charge under Section 302 of the IPC against accused who abjured his guilt and made demand for trial putting a defence of his false implication.