NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant is taking acception to the order of conviction and sentence passed by the 4th Addl. Sessions Judge, Indore in Sessions Trial No. 457/90 wherein the appellant had been convicted for offence punishable under provisions of S. 302 of IPC and sentenced to undergo life imprisonment.

(2.) Prosecution case in brief can be stated as mentioned hereunder :Appellant Narayan had given Rs. 1800/- as loan to deceased Kailash for his personal need. Narayan was demanding the said money back. Kailash had repaid Rs. 400/-. Narayan had demanded the said amount some days prior to the date of incident i.e. 16-1-90.

(3.) It is the prosecution case further that Kailash had made a grievance of that to his cousin PW-Vinod and when Vinod told Narayan that the said amount would be repaid by Kailash, Narayan had told him that Kailash would be killed within 15-20 days - So also Ashok Yadav had also advised Narayan about his demanding money from Kailash in improper way by abusing. It is the prosecution case that Narayan had also told PW Ashok Yadav that Kailash would be killed within a fortnight.