DASHRATH Vs. STATE

JUDGEMENT

(1.) - Appellant has filed this appeal against the judgment dated 20.12.2008 passed in Sessions Trial No.78/2006, by the Sessions Judge, Chhindwara. Trial Court held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded a sentence for Life.

(2.) Prosecution story, in brief is that, Sunderlal [since deceased] was brother-in-law of the appellant. Appellant used to misbehave with his wife, hence she had come to live with her father at village Pendoni Police Station Pandhurna District Chhindwara. Some days before the incident, appellant had come to the house of brother of the deceased for taking his wife with him. In the night, when all persons were sleeping in the house, appellant had inflicted two blows by knife on the person of deceased. Incident was witnessed by the wife of the deceased and another relative of the deceased. Thereafter, appellant ran away from the spot. Other persons arrived on the place of incident. Some persons catch hold the appellant on the spot. Complainant Madho, Shakun and Sarpanch informed about the incident to the police on phone. Thereafter, police reached on the spot and Dehati Nalishi was registered. Police conducted investigation and filed charge-sheet against the appellant. He abjured his guilt during trial and pleaded innocence. Trial Court held the appellant guilty and awarded the sentence as mentioned above.

(3.) Learned counsel for the amics-curiae has submitted that so called witnesses and eye witnesses are related witnesses it was not possible for them to witness the incident. Trial Court has committed an error in holding the appellant guilty for the offence. In alternate, learned counsel for the appellant has submitted that offence alleged to be committed by the appellant would fall under Section 304 Part-I of the IPC.