GYASILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Accused-appellant Gyasilal has, in this appeal, called in question the legality and correctness of the judgment of conviction and the order of sentence dated 30.07.2008 passed by the Additional Sessions Judge Pichhor, Sessions Division Shivpuri in Sessions Trial No.57/2007, whereby he has been held guilty of fraticide and convicted under Section 302 of the IPC and sentenced thereunder to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/- (two thousand) in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The prosecution case as unfolded in the course of trial, in brief, is as under:-

(3.) The learned ASJ framed a charge against accused Gyasilal under Section 302 IPC. He denied the charge and prayed for trial. Thereupon, he was put on trial. In the examination under Section 313 Cr.P.C., he had denied all the incriminating evidence and circumstances which are on record against him. His defence was, simpliciter, false implication on the ground that his brothers wanted to usurp his properties, therefore, he is falsely implicated in the murder of deceased Ramniwas. However, he did not adduce in his defence any evidence either oral or documentary.