RAKESH @ GOTE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 08.08.2007 passed in Sessions Trial No.15/2007. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence of life imprisonment alongwith fine of Rs.1000/- and in default of payment of fine, further imprisonment for two months.

(2.) Prosecution story in brief is that on the date of incident i.e. on 30.09.2006 wives of the deceased and his brother Vishnu namely Pappobai and Sunitabai were preparing chapaties (bread). At that time, appellant came there and told Pappobai and Sunitabai to touch his feet. He forced them to do so. The deceased obstructed the appellant and told him not to do the aforesaid act. In that event, the appellant went inside of the house and he had taken out a kataar (dagger) from the house and inflicted a blow on the stomach of the deceased. The deceased was taken to a local doctor. When the ailment aggravated, on 010.2006, report of the incident was lodged at the police station. The deceased was admitted in the hospital. He died during treatment on 03.10.2006 at around 10:45 PM in the night. After death of the deceased, an intimation was sent to Police Station Gopalganj. Police recorded merg intimation and registered the offence against the appellant. Police conducted investigation and filed charge-sheet against the appellant. The appellant abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellant guilty for commission of offence and awarded sentence as mentioned above in the judgment.

(3.) Learned counsel for the appellant has not pressed the appeal on merits. However, he has submitted that even the evidence of prosecution be accepted as it is, the offence alleged to have been committed by the appellant would fall under Section 304 Part I of IPC and for that offence, the appellant has already undergone a jail sentence of RI 10 years.