KASHI ALIAS KASHIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 24-3-1999 passed by learned Sessions Judge, Damoh in S. T. No. 8/99, convicting the appellant under Sections 302 and 201 of IPC and thereby sentencing him to suffer imprisonment of life and 7 years respectively with further stipulation that both the sentences shall run concurrently, this appeal has been preferred by him under Section 374 (2) of the Code of Criminal procedure, 1973.

(2.) IN brief the case of prosecution is that earlier to the incident, appellant committed murder of the son of his uncle Ramkishan Yadav (P. W. 1), eventually he was tried and in Sessions Trial No. 75/83, he was convicted and was sentenced to suffer life imprisonment on 31-7-1984. As per the case of prosecution, because father of the appellant Parasram (hereinafter to be referred as 'the deceased') did not help him in that case, hence, he was having annoyance against the deceased.

(3.) COMPLAINANT Ramkishan Yadav again narrated the incident to chhuti Patel, Gotiram Yadav and Harinarayan Choubey, who advised complainant to lodge the report. Eventually, Ramkishan Yadav went to bandakpur Chowki and lodged the report (Exh. P-1) which was reduced in writing by R. S. Rajput.