ONKAR @ OM PRAKASH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 24.8.1994 passed in S. T. No.85/1994. The Trial Court held appellant guilty for commission of offence punishable under Section 302 of IPC and awarded the sentence of life.

(2.) Prosecution story in brief is that accused-appellant was living with the wife of his younger brother Laxmi Bai along with her daughter Rinki aged about one year. On 16.2.1994 appellant came in drunken condition, he was quarreling with Laxmi Bai, in that event he had thrown the girl on the floor. The girl was in the lap of her mother. Due to aforesaid act girl was died. The report of the incident was lodged at Police Station. Police conducted investigation and filed the charge sheet. Appellant abjured the guilt during trial. The court held appellant guilty and awarded sentence of life.

(3.) Shri Anand Nayak and Shri D. D. Bhargava, learned counsel for the appellant have submitted that even if the evidence of prosecution is accepted as it is then the offence alleged to be committed by the appellant will fall under Section 304-I of IPC and for that the appellant has already undergone near about ten years jail sentence including remissions and prayed for allowing the appeal up to the above extent.