AJAY @ BHATIYA GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 12.10.1999 passed by Additional Sessions Judge, Begumganj in S.T. No.97/99. The appellant and co-accused were convicted for commission of offences punishable under Sections 302/34 of IPC. The trial Court acquitted co-accused Nitin Kumar @ Mintu Saxena and convicted the appellant for commission of offence punishable under Section 302 of the IPC and awarded sentence of life with fine of Rs. 2,000/-.

(2.) Prosecution story in brief is that the appellant and coaccused went outside with the deceased. They also visited betel shop, where they had eaten betel. Thereafter, the appellant had taken a Khapcha from the shop, which was used by owner of betel shop. Thereafter, he had gone along with the deceased. On the next day, dead body of deceased was found. There were numbers of injuries on the person of deceased. Father of deceased lodged FIR at police station. He mentioned the fact in the FIR that he had suspicion that the appellant had killed the deceased. Police conducted investigation and filed charge sheet against two accused persons.

(3.) The appellant abjured his guilt during trial and pleaded innocence. The trial Court held the appellant guilty for commission of offence and awarded punishment.