HALLU @ HALLU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 25.01.1995 passed by Additional Sessions Judge, Jabalpur in Sessions Trial No.675/92 whereby 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.

(2.) Prosecution case in brief is that the appellant and the deceased Munnibai were neighbors at village Bhakaliya, Patan. Appellant abused Munnibai as her children along with her brother's children were playing in front of his house. On 01.08.1991 at about 6.30 p.m., when Munni Bai was alone at her house, Guddibai (PW-4) came there and was playing with the children of Munni Bai (since deceased). At about 6.30 p.m. Guddibai went to her father Nokhelal (PW-1), who is the brother of Munnibai and told him that the appellant-Hallu was assaulting Munnibai with an axe. Hence, Nokhelal (PW-1) father of Guddibai (PW-4) ran away towards the spot where he found his sister Munnibai lying on the road. She was injured and had sustained injuries on her neck. She told him that appellant-Hallu caused injury to her by an axe. Thereafter, she died on the spot. FIR was lodged by Nokhelal (PW-1) at Police Station, Patan. Police registered offence under Section 302 of IPC against the appellant. After due investigation, charge-sheet was filed before the concerned Court.

(3.) After committal of the case, charge under Section 302 of IPC has been framed by the learned Trial Court against the appellant. Appellant abjured his guilt and stated that he is innocent and falsely implicated in this case.